edward fitzgerald

THE CARIBBEAN COURT OF JUSTICE =. In a land acquisition case, the court declared the legislation under which the property of the private person was acquired as void. Instead of handing over the property , the govt. passed another amended /fresh legislation penidng appeal for delivery of possession,and again acquired the land with retrospective manner. Which was challanged again by the appellant, pending disposal of that , this matter is stayed by their Lord ships.. The Government of Belize had acquired the Appellants’ interests in certain property with effect from 25 th August 2009. In the courts below, the Appellants sought declarations that the 2009 legislation was unconstitutional and void and also sought further consequential relief which included (a) such other declarations, orders and directions as were appropriate for the purpose of enforcing or securing the enforcement of the declarations of invalidity; (b) damages, including punitive damages; (c) interest; and (d) such other relief as the Court deemed just and equitable. [4] The Appellants were unsuccessful in the High Court. But they prevailed before the Court of Appeal. That court held on 24 th June, 2010 that the 2009 legislation was inconsistent with the Constitution and was invalid, affirming that the Appellants had suffered an unlawful invasion of their fundamental rights guaranteed under the Constitution of Belize. But apart from costs, the Court of Appeal awarded no consequential relief, no submissions having been made as to such relief, the Appellants no doubt believing that the Government would respect all the consequences of the legislation being declared void. [5] It did not, so the Appellants wrote to the Court of Appeal on 28 th June, 2010 urging the Court to address the issue of consequential relief but the Court of Appeal, no doubt considering itself functus, declined to entertain the request.

  [2012] CCJ 1 (AJ) (R)   IN THE CARIBBEAN COURT OF JUSTICEAppellate JurisdictionON APPEAL FROM THE COURT OF APPEAL OF BELIZECCJ Appeal No CV 4 of 2011BZ Civil Appeal No 31 of 2010BETWEENDEAN BOYCE APPELLANTANDTHE ATTORNEY GENERAL OF BELIZETHE MINISTER OF PUBLIC UTILITIES RESPONDENTSANDCCJ Appeal No CV 6 of 2011BZ Civil Appeal No 30 … Continue reading →