What can the Court of Appeal do with the decision appealed?
An appeal is not a rehearing of a case. An appeal is different from a trial. In an appeal, the person who lost in the lower court argues the judge made a mistake. For example, the judge in the lower court may have used the wrong law. You should identify the mistake you think the judge made. This is very important. The Justices of the Court of Appeal cannot change another judges decision just because they disagree with it. The lower court is entitled to hear the evidence and come to its own decision. The Court of Appeal can only change that decision if the lower court made a mistake as to the law or misunderstood important evidence. The Court of Appeal can dismiss the appeal (i.e. find in favour of the Respondent); allow the appeal (i.e. find in favour of the Appellant) and order a new trial; or allow the appeal and change the order of the lower court. Through its judgments the Court of Appeal also clarifies the law and develops consistent legal principles to be applied in all cases in
