Code of Organization and Civil Procedure (Cap. 12), article 233

233. (1) Where an appellate court reverses a judgment and allows the claim for damages or interest or for the recovery of fruits, it shall make such assessment without sending back the record to the court of first instance, unless the court for exceptional reasons considers it to be in the interest of justice to send back the cause to the court of first instance. (2) Likewise the appellate court shall, in the case of reversal of a judgment of non-suit of plaintiff or of a judgment given under the provisions of article 170(1) or (2), either remit the records to the court of first instance or determine the merits, according to circumstances. Decrees in regard to jurisdiction of court to be subject to appeal. Amended by: XV.1913.71; XXIV.1995.116.