← belizelaw.ai · Court Of Appeal, Cap. 90 · PART III — Civil Appeals
When appeals lie
Cap. 90, s. 14 · Revised Edition 2020
(1) An appeal shall lie to the Court in any cause or matter from any order of the Supreme Court or a judge thereof where such order is,
lie.
(a) final and is not such an order as is referred to in paragraph (f) or (g) of this subsection;
(b) an order made upon the finding or verdict of a jury;
(c) an order upon the application for a new trial;
(d) a decree nisi in a matrimonial cause or an order in an Admiralty action determining liability;
(e) an order declared by rules of court to be of the nature of a final order;
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(f) an order upon appeal from any other court,
tribunal, body or person;
(g)
(i) a final order of a judge of the Supreme Court made in Chambers;
(ii) an order made with the consent of the parties;
(iii) an order as to costs;
(h) an order not referred to elsewhere in this subsection.
(2) No appeal shall lie from any order referred to in paragraph (f) of sub-section (1)–
(a) except–
(i) upon a question of law;
(ii) where such order precludes any party from the exercise of his profession or calling, from the holding of public office, from membership of a public body or from the right to vote at the election of a member for any such body;
(b) in any other case, except with the leave of the Supreme Court or, if it refuses, of the Court.
(3) No appeal shall lie from any order referred to in paragraph (g) or (h) of sub-section (1)–
(a) except
(i) where the liberty of the subject or the custody of infants is concerned;
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(ii) where an injunction or the appointment of a receiver is granted or refused;
(iii) in the case of a decision determining the claim of any creditor or the liability of any director or other officer under the Companies Act in respect of misfeasance or otherwise;
CAP. 250.
(iv) in the case of an order on a special case stated under the Arbitration Act;
CAP. 125.
(v) in the case of an order refusing unconditional leave to defend an action;
(b) in any other case, except with the leave of the Supreme Court, or, if it refuses, of the Court.
(4) No appeal shall lie under this Part,
(a) from any order made in any criminal cause or
(b) from an order allowing an extension of time for appealing from an order;
(c) from an order of a judge of the Supreme Court giving unconditional leave to defend an action;
(d) from an order absolute for the dissolution or nullity of marriage in favour of any party who,
having had time and opportunity to appeal from the decree nisi on which the order was founded, has not appealed from that decree,
except on some point which would not have been available to such party on such appeal;
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(e) from any order of the Supreme Court or a judge thereof where it is provided by any law of Belize that the decision of such Court or judge shall be final;
(f) where an order has been made against a party in default of his appearing or filing a defence or where the party is otherwise in default,
provided that nothing in this paragraph shall be deemed to affect the right of such party to move the court of first instance for the setting aside of the default order.
(5) Where any doubt arises regarding the category set out in sub-section (1) into which an order of the Supreme Court or a judge thereof falls,
(a) if such doubt arises on an application to the Supreme Court or a judge thereof for leave to appeal, it shall be determined by the said court or a judge thereof, subject to a right of appeal to the Court;
(b) in all other cases it shall be determined by the
(6) Notwithstanding sub-section (4) (a), an appeal shall lie to the Court from the decision of the Supreme Court, with the leave of that court or of the Court of Appeal, against any decision of the Supreme Court granting or refusing a writ of habeas corpus.
Amended by: 22 of 1999
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