Code of Organization and Civil Procedure (Cap. 12)
Code of Organization and Civil Procedure (Cap. 12), article 235
235. Where a court of first insta nce omits to determine any of
the claims brought forward, no appeal shall lie ab omissa
decisione :
Parties may request
first court to decide
claim not
determined by
application within
fifteen days,
Provided that it shall be lawful for each of the parties,
within the time of fifteen days from the date of the judgment, by
means of an application, to request the court of first instance to
determine such claim; and upon such application, the parties be ing
summoned anew, the court shall adjudge upon the claim; in such
case, the time for entering appeal from the whole judgment, or from
any part thereof, shall commence to run from the day of the las t
judgment:
or by sworn
application at any
time.
Provided further that it shall be lawful for each of the
parties, at any time, to sue by sworn application before the co urt of
first instance for a decision on the claim the determination of which
had been so omitted.
Interested third
parties may appeal.
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