Code of Organization and Civil Procedure (Cap. 12), article 41

41. (1) The Court of Appeal shall consist of one or more chambers. (2) Where the Court of Appeal consists of one or two chamberseach chamber shall consi st of the Chief Justice and two other judges. (3) Where the Court of Appeal consists of three or more chambers, the third and other ch ambers may each be presided by a judge to be nominated upon the advice of the Chief Justice. (4) Each chamber of the Court of Appeal shall exercise and have all powers as are by this Code or any other law vested in the Court of Appeal. (5) The number of chambers shall be determined by an Order of the President of Malta. (6) Where an Order is made by the President of Malta providing for more than one chamber of the Court of Appeal, the rule-making board established under article 29 of the Code shall provide the manner in which cases shall be distributed between the various chambers. (7) ( a) An Order as is referred to in sub-article (3) hereof may provide that where one of the judges, other than the Chief Just ice, sitting in one of the chambers, abstains or is otherwise challe nged and the challenge is accepted, the case in which such abstentio n or challenge takes place shall be heard by such other of the chamb ers as is prescribed in the Order. (b) Where the Chief Justice is challenged and the challenge is accepted or abstains, the senior judge (other than the Chief Ju stice) in such other chamber as may be determined in the Order, shall be surrogated for the Chief Justice in the chamber where the case is being heard. (c) Where notwithstanding the provisions of any orders made under paragraphs (a) and (b) hereof the case may not be heard by any of the chambers as provided for in such order because of a challenge or abstention of the Chief Justice or any other of th e judges, the President of Malta shall surrogate another judge or other judges to sit in lieu of the judges challenged or lawfull y impeded in the chamber in which the case was first assigned und er the provisions of sub- article (3) hereof. (8)* The Court of Appeal shall hear and determine all appeals CODE OF ORGANIZATION AND CIVIL PROCEDURE [CAP. 12. 19 from judgments of the Civil Court, First Hall, Civil Court, Fir st Hall(Gozo), the Civil Court (Family Section), the Civil Court ( Family Section) (Gozo) and the Civil Court (Commercial Section). Appeal from inferior courts for Malta. (9)* The Court of Appeal shall also hear and determine appeals from judgments of the Court of M agistrates (Malta) and Court of Magistrates (Gozo) in its inferior jurisdiction. But, for the p urposes of such appeals, the Court of A ppeal shall be constituted by on e of its members only, and any one of the judges, appointed by the President of Malta to sit for th e hearing of such appeals, shal l be deemed to be a member of such court. The Court of Appeal as constituted under this sub-article may also be referred to as t he Court of Appeal (Inferior Jurisdiction). (10) Where the Court of Appeal is to hear appeals from the Court of Magistrates (Gozo) in its inferior jurisdiction or fro m judgments or decisions of any board or tribunal delivered by su ch board or tribunal when sitting in Gozo, it shall hold its sitti ng in the building of the Courts in Gozo, a nd for the purpose of such app eals the registry of the Court of Mag istrates (Gozo) shall also be t he Registry of the Court of Appeal. Jurisdiction of Court of Appeal in respect of appeals under Marriage Legacies Law. Amended by: VI.1880.4; XV .1913.15; II.1940.2. Cap. 3.