“The Appeal Court is not bound to send the case to any court for a new trial. If, for example, the case was begun in a customary court which had no jurisdiction to hear it, the appeal court would be content to quash the proceedings and leave it to the plaintiff to sue afresh in a competent court. If, however, the first trial court had jurisdiction to hear the case but did not hear it satisfactorily, the appeal court would normally send the case for a new and better trial to some court, which, as already stated, would be hearing the case in its original jurisdiction.”