PART 2

APPEALS TO THE JUDICIAL COMMITTEE

APPEALS FROM COURT OF APPEAL TO THE JUDICIAL COMMITTEE

109.- 1. An appeal shall lie from decisions of the Court of Appeal to the Judicial Committee as of right in the following cases-

a. final decisions in civil proceedings where the matter in dispute on the appeal to the Judicial Committee is of the value of fifteen hundred dollars or upwards or where the appeal involves directly or indirectly a claim to or question respecting property or a right of the value of fifteen hundred dollars or upwards;

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

c. final decisions in any civil, criminal or other proceedings which involve a question as to the interpretation of this Constitution; and

d. except in cases falling under section 108(d), any case referred to in that section;

e. final decisions in disciplinary matters under secton 81(3) to (5) of the Supreme Court of Judicature Act, 1962 and under the Solicitors Ordinance;

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f. such other cases as may be prescribed.

2. An appeal shall lie from decisions of the Court of Appeal to the Judicial Committee 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 the Judicial Committee; and

b. such other cases as may be prescribed.

3. An appeal shall lie to the Judicial Committee with the special leave of the Judicial Committee from decisions of the Court of Appeal in any civil or criminal matter in any case in which, immediately before the date on which Trinidad and Tobago became a Republic, an appeal could have been brought with the special leave of Her Majesty to Her Majesty in Council from such decisions.

4. Subsection (1), (2) and (3) are subject to the provisions of sections 32(2) and 52(4).

5. Subject to this section, provision may be made by or under any Act regulating the procedure to be adopted by the Court of Appeal with respect to any appeal to the Judicial Committee under this section or by parties to any such appeal.

6. Any decision given by the Judicial Committee in any appeal under this section shall be enforcer in like manner as if it were a decision of the Court of Appeal.

7. Subject to subsection (6) the Judicial Committee shall, in relation to any appeal to it under this section in any case, have all the jurisdiction and powers possessed in relation to that case by the Court of Appeal.