← belizelaw.ai · Belize Constitution, Cap. 4 · PART VII — The Judiciary
Appeals to Caribbean Court of Justice
Cap. 4, s. 104 · Revised Edition 2020
(1) An appeal shall lie from final decisions of the Court of Appeal to the Caribbean Court of Justice as of right in the following cases,
(a) in civil proceedings where the matter in dispute on appeal to the Caribbean Court of Justice is of the value of not less than $18,250 (or such other amount as may be prescribed by the National Assembly), or where the appeal involves directly or 119 indirectly a claim or a question respecting property or a right of the aforesaid value;
(b) in proceedings for the dissolution or nullification of marriage;
(c) in any civil or criminal proceedings which involve a question as to the interpretation of this Constitution;
(d) in respect of a matter where this Constitution expressly provides for an appeal from the decision of the Court of Appeal;
(e) in any proceedings that are concerned with the exercise of the jurisdiction conferred upon the Supreme Court relating to redress for the contravention of the provisions of this for the of
(f) in respect of any other matter as may be prescribed by law.
(2) An appeal shall lie to the Caribbean Court of Justice with leave of the Court of Appeal from decisions of the Court of Appeal in the following cases,
(a) final decisions in any civil proceedings where, in the opinion of the Court of Appeal,
the question involved in the appeal is one that by reason of its great general or public importance or otherwise, ought to be submitted to the Caribbean Court of Justice;
and
(b) such other cases as may be prescribed by the National Assembly by law.
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(3) Subject to subsections (1) and (2) of this section, an appeal shall lie to the Caribbean Court of Justice with the special leave of that Court from any decision of the Court of Appeal in any civil or criminal matter.
(4) Nothing in this section shall apply to matters in relation to which the decision of the Court of Appeal was, on the 1st day of June, 2010 declared to be final by any law.
(5) The Caribbean Court of Justice shall, in relation to any appeal to it in any case, have all the jurisdiction and powers possessed in relation to the case by the Court of Appeal.
(6) In the exercise of its appellate jurisdiction, the Caribbean Court of Justice is a superior court of record for Belize, with such jurisdiction and powers as are conferred on it by the Agreement or by this Constitution or any other law.
(7) The provisions of this section shall not affect any proceedings pending before the Judicial Committee of the Privy Council immediately before the 1st day of June, 2010.
(8) For the purposes of this section, proceedings shall be treated as pending where leave to appeal to the Judicial Committee of the Privy Council has been granted.
(9) Any judgment of the Judicial Committee of the Privy Council which on the 1st day of June, 2010 has been given, but has not been satisfied, S.I. 41 of 2010 may be enforced after the said commencement as if it had been a judgment of the
(10) Subject to the foregoing provisions of this section, the jurisdiction of Her Majesty in Council to hear appeals,
applications and petitions from Belize is hereby abolished and all references to “Her Majesty in Council” or the “ Privy Council” or the “Judicial Committee of the Privy Council” wherever occurring in this Constitution or in any other law,
rule, regulation, order or instrument having effect as part of the law of Belize, shall be read and construed as references to the
(11) If at any time after 1st day of June, 2010, the Caribbean Court of Justice ceases to exist or ceases to exercise its appellate jurisdiction, this section will automatically cease to apply and it will be open to the National Assembly to establish by law a final Court of Appeal for Belize, or to declare any other regional appellate tribunal to be the final Court of Appeal for Belize.
The Public Services Commission
Amended by: S.I. 41 of 2010; S.I. 41 of 2010; S.I. 41 of 2010; S.I. 41 of 2010
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