BELIZE Law and Practice Contributed by: Nigel Ebanks and Darinka Muñoz, Barrow and Williams LLP
entered until it is satisfied, as per Section 176 of the Senior Courts Act, 2022. 9.4 Enforcement Mechanisms of a Domestic Judgment A domestic judgment is enforceable by applying to court for orders for its enforcement, including writs of fieri facias and orders attaching a judg- ment to the debtor’s property or to any reach- able stream of a debtor’s income. 9.5 Enforcement of a Judgment From a Foreign Country A money judgment that is final and conclusive and made upon the merits of the case may be enforced in Belize by a process of registration under the Reciprocal Enforcement of Judgments Act if it so qualifies. The Act applies to qualifying judgments emanating from the courts of Eng- land and Wales and from those of certain Com- monwealth countries. Outside the provisions of that legislation, certain money judgments of a similar nature may be enforced in Belize by com- mencing suit de novo upon the judgment as a bare contract debt. Although more onerous than the simplified pro- cess of registration, such suits may also prove relatively simplified in appropriate cases. For instance, a claimant may proceed straight to obtaining summary judgment in such an action where the matter is undefended in the Belize court or where, doing their best, the defendant is only able to produce a weak defence. 10. Appeal 10.1 Levels of Appeal or Review to a Litigation Belize has a tiered hierarchical court system, and litigants may appeal the decisions of lower
courts to the next highest court in the hierarchy. The highest and final appellate court is the Car- ibbean Court of Justice. Interestingly, that court also serves the dual purpose of being the court of original jurisdiction for matters arising under the Treaty of Chaguaramas constituting the Car- ibbean Community Regional Block (CARICOM), of which Belize is a member. 10.2 Rules Concerning Appeals of Judgments Litigants may appeal either as of right or with the court’s permission. For example, most “final” orders of the High Court are appealable as of right. The appeal of some “interlocutory” High Court orders requires the prior permission of the court. The circumstances in which a court will grant an applicant leave to appeal an inter- locutory order were set out in Action No 114 of 1988 James Wang v Atlantic Insurance Co Ltd, as follows: • where there is a prima facie, case that an error has been made; • where the question is one of general principle, decided for the first time; and • where the question is one of importance upon which further argument and a decision of the Court of Appeal would be to the public advantage. In Civil Appeal No 23 of 28 Belize Telemedia Limited v The Attorney General et al, the Court of Appeal stated additional considerations that arise in appeals from interlocutory orders, including that: • the point may not be of sufficient significance to justify the costs of an appeal; • the procedural consequences of an appeal (eg, loss of trial date) may outweigh the sig- nificance of the interlocutory issue; and
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