Constitution – Chapter 9 – Appeals to Her Majesty in Council

Appeals to Her Majesty in Council

99.- (1) An appeal shall lie from decisions of the Court of Appeal to Her Majesty in Council as of right in the following cases-

a) final decision in any civil proceedings where the matter in dispute on the appeal to Her Majesty in Council is of the prescribed value or upwards or where the appeal involves directly or indirectly a claim to or question respecting property or a right of the prescribed value or upwards:

b) final decisions in proceedings for dissolution or nullity of marriage;

c) final decisions in any civil or criminal proceedings that involve a question as to the interpretation of this Constitution;

d) final decisions given in exercise of the jurisdiction conferred on the High Court by section 112; and

e) such other cases as may be prescribed by Parliament.

(2) Subject to section 36(7), an appeal shall lie from decisions of the Court of Appeal to Her Majesty in Council with the leave of the Court of Appeal in the following cases-

a) 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 Her Majesty in Council; and

b) such other cases as may be prescribed by Parliament.

(3) An appeal shall lie to Her Majesty in Council with the special leave of Her Majesty from any decision of the Court of Appeal in any civil or criminal matter.

(4) Reference in this section to decision of the Court of Appeal shall be construed as references to decisions of the Court of Appeal in exercise of the jurisdiction conferred upon that court by this Constitution or any other law.

(5) In this section the prescribed value means the value of five thousand dollars or such other value as may be prescribed by Parliament.

 

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