high court rules guyana 1955

8/21/2019 High Court Rules Guyana 1955

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LAWS OF GUYANA

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Cap. 3i02

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31

n

I

[Subsidiary]

ules of the High Court

(3

Gaz. 18/6/1955

RULES OF THE HIGH COURT

G

26/7/1960

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R. 3/1961

2/1962

ORDER 1

4/1970

1/1970

i

o.

37/1966B

1/1971

PR ELIMIN A R Y

4 of 1972

I

1. These Rules may be cited as the Rules of the High Court.

Citation.

2. These Rules shall come into operation on the first ,Oay of July,

Date of

1955 and shall apply in the Civil and Full Court Jurisdiction of the fmlilto

b1-cen

High Court, and also, so far as may be practicable, (unless otherwise

application of

provided) to all proceedings taken on o r after that day in all causes and

Rules.

T

matters then pending.

I

1

Rules are silent, the Rules of the Supreme Court in force immediately I

l

'e srIil i9o)

3. Wherever touching any matter of practice or procedure these

Where rules

before 23rd February, 1970, made in England under and by virtue of

the Supreme Court of Judicature (Consolidation) Act, 1925, of the

United Kingdom or any law amending the same shall apply

mutatis mutandis.

J

4. In these Rules C . i-I

rO

r14- 4

. `

)

E '

S H

r4 3

"

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^ 1 1 t

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280-14 C.

Interpretation.

[R. Gaz.

"Bail Court" means the Court before which

26/7/1960]

(a) applications under Order 12;

(b)

motions and other applications to be made in Court;

(c)

proceedings under the Insolvency Act; and

(d) judgment summonses,

are heard ;

11 f

"originating summons means every summons other than a sum-

t.

I

mons in a pending cause or matter;

i

"Registry" means the Registry of the Supreme Court;

"solicitor" means a solicitor or a barrister when acting as a

7

solicitor;

i

"solicitor on the record" means the solicitor of or for a party and

includes, and shall be deemed always to have included, every

solicitor named in the authority ifled under Order 3 rule 8

Order 6 rule 5 or Order 10 rule 5;

,

L.R.O. 111977

1


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High Court

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[Subsidiary] Rules of the High Court

sp cially indorsed writ" means a writ specially indorsed under

\ Order 4 rule 6.

ORDER 2

COMMENCEMENT OF PROCEEDINGS

Commence-

Save and except where proceedings by way of petition or otherwise

are p

rescribed or permitted by any Act

, by the common law of

Guyana, .'by these Rules or by any rules of court, any person who

seeks to enforce any legal right against any other person or against any

property shall do so by a proceeding to be called an action.

ment of

proceedings.

^-.,

( ORDER 3

OF

SUMMONS

r 1.\

Every action shall be

'

cjinmenced by a writ of summons, to be

rits of

Summons. A

issued out of the Registry, which shall be indorsed with a statement of

indorsement ,

' the nature of the claim made or of tile relief or remedy required in the

,

of.

action.

named.

Parties to be

every plaintiff and defendant and shall contain in the body thereof the

name and place of residence or business of every defendant as far as

known.

2. Every writ of summons shall state at the head thereof the name of

Contents of

3. Every writ of summons, except a specially indorsed writ shall call

writ

upon the defendant to enter

an appearance within ten days inclusive

,-' of the date on which sEciraof the' vVfli

CfEd.

Specially

4. A specially indorsed writ shall call upon the defendant to appear

before the Court at the day and hour named in .the writ. The day to be

ifxed for the appearance of the defendant shall, unless the Court or a

indorsed writ.

Judge gives leave for some other day, be a day on which Bail Court is

being held not less than

/

(a) six clear days in the case of actions specified in Order 4

rule 6(a) to (e) (inclusive); and'

,,

.

(b) twelve clear days in all other cases, \

from the date of the service of the writ.

1

,

othf the

orm of

5. Writs of summons shall be in such one

A to these Rules as may be ap

p

licable, wi

tigs_inADperida

i,

r

sucla

riations as the

R.1/1970]

/ifature of the case may require and shall in addition be signed by or on

/ behalf of the Registrar.

/

/

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6.

The w rit of summo ns shall be prepared by the plaintiff or his

Issue of writ.

solicitor, and shall be presented to the Registrar, who shall date the

[R 1/1970]

writ as of the day of issue, sign it and affix the Seal of the Court thereto.

The writ of summ ons whelTS3 dated, signed and sealed shall be ifled

by the Registrar, and shall then be deemed to be

ifled is hereinafter referred to as the original writ.

writ so

sue3e

,

7. At the time when any writ is presented to the Registrar to be filed, copies of

writ.

there shall be left at the Registry as many copies thereof as may be

required for service upon the defendants to be served.

n

8.

The plaintiff's solicitor, unless authorized by a general power

Authority of

lites

duly registered or recorded in the Deeds Registry, shall, when

produced

so licitor to be

1

presenting

a writ of summons to the Registrar,

p

roduce an authorit

w

solicitor to act for hitt in the action: provided that wherqthe Registrar

written authority when presenting the writ of summons the Registrar

may accept the writ subject to the solicitor giving a written undertaking

to ifle the authority

tithin such time as

the Registrar may think ift.

ractiables satisfied that it is

not pc or the solicitor to produce the

Such authorization or undertaking shall

be

indorsed

uporahe original s'

writ or contained in a separate document ifled with such w rit.

date-of

9.

The Registrar shall place at the head of each original writ the

Wr ittobe

the year and the number of the writ. Writs of summons shall

d

:

tetanl

mere

at

be numbered throughout each year in the order in which they are

head.

/ issued.

1

,

10.

The copy of a writ of summons to be served upon a defendant

Copy of w rit

shall be compared by the Registrar with the original writ, and be

tobedat

-certiifed by him to be

. a true copy, and shall be dated, numbered and

certified.

numberend

,

i

sealed by him in like manner as the original writ.

11. A writ of summons for service out of the jurisdiction, or of writ

for

which notice is to be given out of the jurisdiction, shall not be issued IL;IlilciOta

Lrisetn

without leave of the Court or a Judge. Such writ or no tice shall be in

one of the Forms in Appendix A to these Rules which is applicable

^r. ,

-,

- with such variations as circumstances may require.

,

12.

Any costs occasioned by the use of any forms of w rits, and of costs

of

hereinafter

prolix writs.

indorsement thereon, other or more prolix thwthe forms

prescribed, shall be borne by the party using the sarrie, unless the

Court or a Judge shall otherwise order.

L.R.O. 111973


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[Subsidiary] Rules of the High Court

Issue of writ

13. Notwithstanding any rule of law or practice to the contrary, a

where plaintiff

plaintiff who is out of Guyana may cause a writ to be issued in his name

Guyana.

out of

notwithstanding that he has no attorney in Guyana.

ORDER 4

T

'

1NDORSEM

g

NT OF CLAIM

1

Indorsement.

1. The indorsement of claim shall be made on every writ of

before it is issued.

Indorsement

2. In the indorsement required by Order 3 rule 1 it shall not be

under Order 3

essential to set forth the precise ground of com plaint, or the precise

rule l .

\,,,remedy or relief to which the plaintiff considers himself entitled.

Forms of 3. The indorsement of claim be to the effect of such of the

Forms in Appendix B to these Rules as shall be applicable to the case,

or if none be found applicable, then such other similarly concise form

indorsement.

as the nature of the case

4."

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require. i

g

4,4

V

Representative

4. If any plaintiff sues or any defendant is sued in a rep resentative

capacity to be

capacity, the indorsement shall show in what capacity the plaintiff or

stated,

defendant sues or is sued.

Document

5. Where a plaintiff sues in a representative capacity the indorse-

ment shall describe the document proving such representative capacity

roving

representative

capacity to be

and stating its date, if executed in the Deeds Registry, and the date of

stated.

the record, or deposit as of record, if executed elsewhere.

Special

6. In actions

C,

b S :

4-

11-7) t /116-36

indorsements.

t)

(a) where the plaintiff seeks to recover a debt or liquidated

demand in money payable by the defendant, with or without

interest, or with or without a claim for b, declaration that an

opposition is just, legal and well founded , and for an injunction

restraining the passing of a transport, Mortage or lease or of a

surrender, transfer or assignment of a lease arising

i) pon a contract, express or implied, as, for instance, on

a bill of exchange, promissory note or cheque, or other simple

contract debt); or

(ii) on a bond or contract under seal for payment of a

liquidated amount of money; or -^

(iii) on a written law w here the sum sought to be recovered

is a ifxed sum of money, or in the nature of a debt other

than a penaltrebr


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(iv) on a guaranty, whether under seal or not, where the

claim against the principal is in respect of a debt or liquidated

demand; or

E

,

(v) on a trust; or

(b) where a landlord seeks to recover possession of land or of a

building, or part of a building, with or withou t a claim for rent

or mesne proifts, against a tenant whose term has expired or has

been duly determined by notice to quit, or has become liable to

forfeiture for non-payment of rent, or against persons claiming

under such tenant ; or

(c) where the plaintiff seeks to recover possession of a speciifc

chattel or its value, with or without a claim for (i) the hire thereof

or (ii) for damages for its detention; or

t

I

0

(d) where the plaintiff claims possession of any property

forming a security for the payment of money; or

(e) where the plaintiff seeks to recover any money due on a

mortgage with or without a claim for the foreclosure of the

mortgage in the terms thereof; or

E

(f) where the plaintiff seeks to enforce an o pposition to the

passing of a transport, mortgage or lease or of a surrender,

transfer or assignment of a lease, with or without any other

claim; or

,

(g) where the plaintiff seeks to .recover possession of land or a

building or any part thereof or damages for trespass to land or a

building, with or without a claim for (i) a declaration, (ii) an

V(h)

injunction, (iii) mesne proifts and (iv) damages; or

where the plaintiff seeks to enforce speciifcally a contract

,

m writing or an oral contract which has been part performed for

the sale or purchase of property ;

[

\ie

the

writ.of

stuaLtupliRy,

at Ale option of the plaintiff, be specially

t

orsed vv

i

tk

ouswmpanied

by a

statement of his claim or of the

medy or relief to which he claims to be entitled. Such special indorse-

ment shall be to the effect of such of the

f

orms in Appendix

B

to these

Rules as shall be applicable to the case, or in a similar form.

7. (I ) Where the p laintiff's claim is for a debt or liquidated demand

Indorsement

only, the indorsement, besides stathlg the nature of the claim, shall

`;ihelclargute

0

1

state the amount claimed for debt, or in respect of such demand, and

for eosts respectively, and shall further state that the defendant can

,pa5i the amo unt claimed and costs to the plaintiff, his sglicitor or

agent and that a-ny such payment must be made w ithin four days

L.R.O. 111973


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after service, or, in the case of a writ not for service within the juris-

diction, at least six days before the time fixed for appearance, and that

upon such payment further proceedings will be stayed.

-

(2) The indorsement for costs required by paragraph (1) of this

rule shall be in Form No. 4 in Appendix B to theS6

t /5 4

1

(3) The amount of costs to be indorsed on a writ of summons

under this rule shall not exceed

./

D

(i) where not more than $250 is claimed$40;

0

(ii) where more than $250 but not more than $500 is claimed-

$55;

(iii) where more than $500 is claimed$75;

p

together with such allowances, if any, as are provided for in Scale IV

in Appeiidix R to these

Ruleo

(4) The defendant may, notwithstanding such payment, have

the costs taxed, and if more than one-sixth be disallowed, the plaintiff's

solicitor shall pay the costs of taxation.

Indorsement

for account.

have an account taken, the writ of summons shall be indorsed with a

claim that such account be taken.

8. In all cases in which the plaintiff, in the first instance, desires to

Libel.

9. In actions for libel the indorsement on the writ shall state

sufficient particulars to identify the publications in respect of which

the action is brought.

o

0

Action by

10.

Where an action for the recovery of money lent by a money-

money-lender

k

'

I

lender or foi the enforcement of any agreement or security relating to

any such money is brought by the lender or an assignee, the indorse-

ment on the writ shall state, in addition to any other particulars,

the fact that at the time of making the loan or contract the plaintiff

or (in an action by an assignee) the original assignor was a licensed

moneylender, and if the writ is a specially indorsed writ shall also

state

C1-`1`j-

t-1 \

'

I Cll

7

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I

.

(a) the date on which the loan was made;

(b)

the amount actually lent to the borrower;

o

,

(c) the rate per cent per annum of interest charged ;

(d) the amount, if any, charged for expenses, inquiries, fines,

bonus, premium renewals, or other charges ;

(e) the fact that a note or memorandum of the contract was

made, and was signed by the borrower;


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(f) the date of the promissory note, or of any contract or

memorandum in writing of the contract relating to the money

lent;

(g) the date when a copy of the note or memorandum was

delivered or sent to the borrower, if requested ;

i

(h) the date and place when and where the money-lending

business involved in the action was carried out;

(i) the security, if any, taken for the loan;

(j) the amount of every payment already received by the

money-lender in respect of the loan and the date on which such

payment was made;

(k) whether there has been any statement or settlement of

account or any agreement purporting to close previous dealings

and create new obligations;

1

(1) the amount of every sum due or owing to the money-

lender but unpaid;

m) the date or dates upon which such unpaid sum or sums

became or become due;

(n) the amount of interest accrued due and unpaid on every

such sum.

ORDER 5

INDORSEMENT OF ADDRESS FOR SERVICE

1.

(1) The solicitor of a plaintiff suing by a solicitor shall indorse

Solicitor's

upon the writ of summons before the same is issued, and upon every address

fo r

notice in lieu of service of a writ of summons, the address of the

plaintiff and also his own name and that of his ifrm and his place of

business, and also a proper place to be called his address for service

service

,

.

within one mile of the Registry out of which the writ of summons is to

.

ssuueedd,, where all writs, notices, pleadings, petitions, orders,

onses, warrants and other documents, proceedings and written

m

'

ommunications, if not required to be served personally, may be left

for him.

(2)

In

the case of a specially indorsed writ issued in the County

of Berbice the solicitor of a plaintiff shall also indorse upon the writ

an address for service within one mile of the Registry in Georgetown.

2.

(I) A plaintiff suing in person shall indorse upon the writ of

Plaintiff's

summons before the same is issued, and upon every notice in lieu of

services

ddres for

L.R.O.

111973


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service of a writ of summons, his place of residence and occupation,

and some proper place within one mile of the Registry out of which

the writ of summons is to be issued, to be called his address for

service, where all notices, pleadings, petitions, orders, summonses,

warrants and other documents, proceedings and other written com-

munications, if not required to be served personally, may be left for

him.

T

,

/

(2) In the case of a specially indorsed writ issued in the County

of Berbice a plaintiff shall also indorse upon the writ an address for

service within one mile of the Registry in Georgetown.

T

Proceedings

3.

In all cases where the proceedings are com menced otherwise

than

by writ of summ ons, the preceding rules of this Order shall apply to the

document by which such proceedings shall be originated as if it were a

writ of summons, and Order 3 rule 8 shall apply to such document.

not com-

menced

by

writ.

Where notice

4.

Where notice of a writ of summons is to be served on a defendant

in pursuance of Order 9 rule 6, the indorsements required by the

preceding rules of this Order shall be made both on the writ and on

the notice.

served in lieu

of writ.

ORDER

6

I

SOLICITORS

Solicitors in a

1.

Every solicitor who shall be engaged in any action shall be bound

to conduct the same if desired by the plaintiff or defendant, as the case

may be, for - whom he shall be engaged, unless allowed by the Court or

a Judge to cease from acting therein, until the ifnal determination of

the action whether in the court of ifrst instance or on appeal.

cause to

continue to

judgment

unless

relieved.

Change of

2. Subject to Order 53 rule 12 (2) a pa rty shall be at liberty to change

his solicitor upon ifling notice of such change in the Registry out of

which the writ of summons issued, and serving a copy of such notice

upon the opposite party; but until such notice is filed and served,

and an affidavit of service is also filed in the Registry or an acknow ledg-

ment of the receipt of such notice signed by the opposite party or his

solicitor is indorsed on such notice, the former solicitor shal1 be

considered the solicitor of the party unless the Court or a Judge shall

otherwise direct.

solicitor.

,

/

U

1

Notice of

3.

Where a party, after having sued or defended in person appoints

a solicitor to act in the

cause or matter on his behalf, he shall give

notice of the appointment, and the, provisions of the preceding rule

appointment

ousolicitor.


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relating to a notice of change of solicitor shall apply to the notice of

appointment of a solicitor with the necessary

modiifcations.

1

4. Where a party, after having sued or defended by a solicitor,

Notice of

intends to act in person in the cause or m atter, he shall give a notice intent

iontoctinperson

.

,

stating his intention to act in person and giving an address for service,

and the provisions of rule 2 of this Order relating to a notice of change

of solicitor shall apply to a notice of intention to act in person, with the

necessary modiifcations.

o

k

5. (1) A solicitor who is a partner or employer of, or who is

Power of

employed by the solicitor on the record or afiy solicitor additional to

Soli cito

r n

ecorcitoac

t

him subsequently authorised in w riting by any party shall be entitled

through other

to act for and on behalf of the solicitor on the record w ithout giving reVr:

,

notice of change of solicitor.

26/6/1960]

(2) The authority to an additional solicitor shall be ifled in the

Registry and shall thereupon become effective.

(3) A solicitor on the record may appoint another solicitor to

act as his agent in any cause or matter, and any solicitor so appointed

may do any act which the solicitor appointing him is authorised to do.

(4) Where any solicitor is acting for and on behalf of, or as

agent of, another solicitor, he shall so state and 'shall add to his own

name or firm and place of business the name or ifrm and place of

business of the solicitor on the record in any writ, summons or

document issued or signed by him.

t

6. The solicitor on the record shall remain responsible and liable

Responsibility

for all acts or defaults of any solicitor acting for him under rule 5 o f

of so

licit

or on

this Order.

rec o

ri

7. Every solicitor on the record shall on demand in writing made

Disclosure by

by or on behalf of any other party to the cause or matter declare forth-

solicitor on

-'\

with in writing whether any act done in his name or by any other

solicitor in that cause or matter has been done with his authority or

privity ; and if such solicitor on the record shall declare that the act

was not done by him with his authority or privity all further proceed-

ings in that cause or mattef shalLbestayed and no further proceedings

shall be taken without leave,of the Court or a Judge.

record.

,

z

8. (1) Where a solicitor on the record has died or become insolvent

or cannot be found or has been struck off the Roll or has otherwise

solicitor from

ceased to act and the party for whom he has acted has not given notice

of change of solicitor or notice of intention to act in person in accord-

the record.

ance with rules 3 and 4 of this

Order, any other party to the cause or

L.R.O. 111973


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matter may, on notice to be served on the ifrst-named party personally

or by pre-paid post letter addressed to his last-known place of address,

unless the Court or Judge otherwise directs, apply to the Court or

Judge for an order declaring that the solicitor has ceased to be the

solicitor acting for the ifrst-named party in the cause or matter, and the

Court or Judge may make an order accordingly.

(

_

i

(2) Where the order is made, the party applying for the order

shall serve on every other party to the cause or matter (not being a

party in default as to entry of appearance) a copy of the said order and

also leave at the Registry a certiifcate signed by the applicant or his

solicitor that the order has been duly served as aforesaid. Thereafter

unless and until the ifrst-named party shall either appoint another

solicitor or else give such an add ress for service as is required of a party

acting in person, and shall comply with the provisions of rules 3 and 4

of this Order relating to notice of appointment of a solicitor or notice

of intention to act in person, any documents in respect of which

personal service is not requisite may be served on the party so in

default by being ifled in the Registry.

State

9. The State Solicitor may issue any writ, summons or other

document originating proceedings or enter appearance in any cause

or matta in the name of the State Solicitor without filing any written

authority as required by Order 3 rule 8 or Order 10 rule 5.

Solicitor.

ORDER 7

I

SERVICE OF WRIT OF SUMMONS

1.

Mode of Service

Service of

Service of a copy of the writ of summons certiifed by the Registrar

a true copy shall be deemed to be service of the writ.

opy of writ

deemed service

to

'

e

of writ.

Service by

1

2. Save as is hereinafter specifically provided every writ of sum-

Imons

shall be served by a Marshal or by a person authorised by the

arshal or

person

Registrar, generally or in any speciifc case, to serve process in civil

i

authorised.

p-

leases.

Acceptance of

3. No service of a writ of summons shall be required when the

difendant by his solicitor undertakes in writing to accept service, and

enters an appearance.

service.

0

Mode of

4.. If the defendant be within the jurisdiction of the Court service

rnarbe effected by delivery of the copy of the writ to him or to any

adUlt inmate or employee at his last known or usual place of abode or

service.

lm

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of business, and if he be out of the jurisdiction of the Court but

represented by attorney, service may be similarly effected on the

attorney or at his last known or usual place of abode or of bt usiness.

i

r

5. (1) The Marshal serving a writ of summons within the municipal

Return of

,

linlitS

of the city or town in which the Registry out of which the writ

service by

Marshal.

/si

sued

is situate, shall forthwith after service indorse on the original

writ the date, place and manner of service.

t

(2) Where a w rit of summons is served outside the m unicipal

limits of such city or town the Marshal shall, as soon as practicable

after service, either indorse the above particulars upon the original

writ or upon a certiifed copy of the w rit to be provided by the plaintiff

for that purpose. In such latter case he shall forthwith send the copy

when indorsed to the Registrar, by whom the same shall be filed with

the original writ.

I

r

(3) Every such indorsement shall be signed by the Marshal, and

it or a certiifed copy thereof shall be deemed to be proof of the facts

therein stated until the contrary is shown.

6.

When service of the writ is not effected by a Marshal, the person 'Return

of

by whom such service is effected shall, as soon thereafter as shall be seryi'ce

11 ,ersoli0h er

practicable, forward to the Registrar an afifdavit of service, which

than Marshal

shall contain the like particulars as a M arshal is required to indorse

t

bebr

upon the writ under the last preceding rule. Every such afifdavit shall

aiff

davt .

be attached by the Registrar to the original writ. Such afifdavit shall be

prepared by the plaintiff, and the cost of swearing, stamping and

ifling the same shall be paid by him in addition to the charge for

service.

- '7. Service of a writ of summons shall not be m ade on a

Sunday,

No service on

t

Good F riday or Christmas D ay.

Sundays.

2.

On Particular Defendants

8.

When an infant is a defendant, service of the writ of summons on Infant.

his father or guardian, or if none, then upon the person with whom

,

l

the infant resides, or under whose care he is, shall, unless the Court or

a

otherwise orders be deemed good service on the infant :

ged that the Court or a Judge may order that service made or to

1

be

-

made on the infant shall be deemed good service.

9.

When a lunatic or person _of unsound mind is a defendant,

Persons of

service of the writ of summ ons on the curator or comm ittee of the

unsound mind.

1

lunatic, or on the person with whom the person of unsound mind

L.R.O.

11 73

`


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of the High Court

resides, or under whose care he is, shall unless the Court or a Judge

otherwise orders, be deemed good service on such defendant.

1

10.

Where persons are sued as partners in the name of their firm

under Order 14 rule 12 the writ of summons shall be served upon any

onc or more of the partners, or at the principal place within the juris-

diction of the business of the partnership, upon any person having at

the time of service the control or management of the partnership

I

E

'

1

i

Partners.

1

,

i I -1k

i t

-

business there, and such service shall be deemed good service upon the

-firm so sued, whether any of the members thereof are out of the juris-

diction or not, and no leave to issue a writ against them shall be

necessary :

Provided that in the case of a co-partnership which has been dis-

solved to the knowledge of the plaintiff before the commencement of

the action, the writ of summons shall be served upon every person

f

,

within the jurisdiction sought to be made liable.

I

Notice,

in

11.

Where a writ is issued against a ifrm and is served as directed

by the preceding rule, every person on whom it is served shall be

informed by notice in writing given at the time of such service

whether he is served as a partner or as a person having the control or

management of the partnership business, or in both characters. In

default of such notice, the person served shall be deemed to be served

as a partner.

what capacity

served.

Person trading

12. Any person carrying on business within the jurisdiction of the

Court in a name or style other than his own name may be sued in such

name or style as though it were a firm's name, and the writ of summons

may be served upon him, or at his principal place of business upon any

person having the control or management of the business there.

as

a firm.

+ Corporation,

13.

Where any corporation or any incorporated company carrying

on business within the jurisdiction is sued, the writ of summons

may,

in the absence of any provision in any written law regulating service

of process, be served upon the Mayo r, Town Clerk, secretary, manager,

principal ofifcer or clerk of such corporation or company.

etc.

N

i

3. In Particular Actions

I

On land, etc.

14.

In an action against the owner or representative of a lot of land

or plantation, the name of such owner or representative not being

mentioned (or in case of vacant possession, when it cannot otherwise

be effected) ervice of the writ of summons may be effected by affixing

\

a copy of the writ to the principal building upon such land or planta-

k

L

r ,-,


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0.-8

tion, or, if there be no building, to any Tailing, bridge, tree, or to some

conspicuous place on such land or plantation. In addition a notice

of the writ approved by the Registrar shall be published in one Sunday

issue of a daily newspaper circulating within the jurisdiction.

i

15.

Service of a writ of summons or warrant against a ship shall be

Ship.

effected by aiffxing a certified copy of the writ to a mast or other

conspicuous part of the ship.

,

by or through an agent residing or carrying on business within the

l eave or

16. Where a contract has been entered into within the jurisdiction

Service by

agent

ot

jurisdiction on behalf of a principal residing or carrying on business

principal

out of the jurisdiction, a. writ of summons in an action relating to or

arising out of such contract may , by leave of the Court or

a J udge given

before the determination of such agent's authority or of his business

relations with the principal, be served on such agent. Notice of the

order giving such leave, and a copy thereof and of the writ of summons

shall forthwith be sent by p repaid registered post letter to the defendant

at his address out of the jurisdiction :

utt

tirisdction.

Provided that nothing in this rule shall invalidate or affect any other

E

mode of service in force at the time this rule comes into operation.

ORDER

8

SUBSTITUTED SERVICE

.

Whenever for any reason prompt service of a writ of summons

Marshal to

cannot be effected in the manner prescribed in Order 7 rule 4

report when

unable to

(a) the Marshal shall forthwith indorse on the original writ ;;

effect service.

\

,

(b) any other person authorised to serve the writ shall forth-

with forward to the Registrar ;

11

a statement that he has been unable to effect service as aforesaid and

the reasons therefor. The Registrar shall attach to the original writ the

statement so forwarded to him.

i

I

1

2. The Court or a Judge may, on the application of the plaintiff in

Mode of

any such case as in the preceding rule mentioned, make such order for

substituted

substituted or other

service,

or for the

substitution of notice for

service by letter, public advertisement, or otherwise, as may' be just.

service.

Any such order may be made on applicafkin e

x

parte.

L.R.O. 111973

0

0 - -

7 7


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h Court

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- ,

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( (

Rules of the,High Court

.)

1

cA

_ ;-

9

RDER 9

SERVICE OUT OF THE JURISDICTION

AND

SERVICE OF FOREIGN LEGAL PROCESS

In what cases

1.

Service out of the jurisdiction of a w rit of summons, or n otice of

- - 4

service of writ

allowed out

writ of summons, may be allowed by order of the Court or a Judge

of jurisdiction.

whenever

0

(a) the whole subject matter of the action is immovable

property situate within the jurisdiction (with or without rents or

proifts) or the perpetuation of testimony relating to land within

the jurisdiction; or

(b) any act, deed, will, contract, obligation or liabilityaffecting

immovable property situate within the jurisdiction, is sought to

be construed, rectiifed, set aside or enforced in the action; or

(c) any relief is sought against any person domiciled or

ordinarily resident within the jurisdiction; or

(d) the action is for the administration of the estate of any

deceased person who at the time of his death was domiciled

within the jurisdiction, or for the execution (as to property

situate within the jurisdiction) of the trusts of any written instru-

executed according to the law orGuyana; or

ment, of which the person serv is a trustee, which ought to be

(e) the action is one brought to enforce, rescind, dissolve,

annul or otherwise affect a contract or to recover damages or

other relief for or in respect of the breach o f a contract /

(i) made within the jurisdiction; or

(ii) made by or through an agent trading or residing within

the jurisdiction on behalf of a principal trading or residing out

of the jurisdiction; or

(iii) by its terms or by implication to be governed by the law

of Guyana;

,

or is one brought in respect of a breach, com mitted within the

jurisdiction, of a cOntract wherever made, even though . such

breach was preceded or accompanied by a breach out of the

jurisdiction which rendered im possible the performance of the

part of the contract which ough t to have been performed within

the jurisdiction ; or

(f) the action is founded on a tort committed within the juris-

diction; or


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(g) any injunction is sought as to anything to be done within

the jurisdiction, or any nuisance within the jurisdiction is sought

to be prevented or removed, whether damages are or are not also

sought in respect thereof; or

,

-

-4'

(h) any person out of the jurisdiction is a necessary or proper

party to an action properly brought against some person duly

served within the jurisdiction.

2. (1) Service out of the jurisdiction may also be allowed by the

Service

of

Court or a Judge of the following processes or of notice thereof, that

cer

t

mn

ocuments.

is to say-

(a) originating summonses in any case where if the,proceedings

were commenced by writ of summons they would be within rule

1 of this Order ;

(b) any originating summons, petition, notice or motion or

\

other originating proceedings--

(i) in relation to any infant or lunatic or person of unsound

mind; or

(ii) under any Act under which proceedings can be com-

menced otherwise than by writ of summons; or

[

(iii) under any rule of court or practice whereunder pro-

ceedings can be commenced otherwise than by writ of sum-

mons;

g

(c) without prejudice to the generality of the last foregoing

paragraph, any summons, order or notice in any interpleader

proceedings or for the appointment of an arbitrator or umpire or

to remit, set aside or enforce an award in an arbitration held or to

be held within the jurisdiction;

i

,) (d) any summons, order or notice in any proceedings duly

instituted whether by writ of summons or other such originating

process as aforesaid.

,

I,

(2) Where the person on whom an originating summons,

petition, notice of motion or other originating proceeding or a

summons, order or notice is to be served, is neither a Commonwealth

citizen nor residing within the Commonwealth, a copy of the originat-

ing summons, petition, notice of motion or other

proceed-

ing or summons, order or notice shall be served, together with an

intimation in writing that a process in the form of the copy has been

onginati4

I

issued or otherwise launched.

. When application is made to the Court or a Judge to serve a writ when

T1

II

of summons or any of the documents mentioned in the preceding rule

remedyoncu rrent

upon a defendant resident in some part of the Commonwealth, if it Te`"1e

t..1\,;.161

L.R.O. 111973

-

-

-

.

i


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shall appear to the Court or a Judge that there may be concurrent

remedy in the place where the defendant is resident, the Court or

Judge shall have regard as far as practicable to the comparative cost

and convenience of proceeding in such place or in Guyana.

Afifdavit in

4. Every application for an order under rules 1 and 2 of this Order

shall be supported by afifdavit or other evidence stating that in the

belief of the deponent the plaintiff has a good cause of action or the

applicant has good ground for the application, as the case may be, and

showing in what place or country such defendant or respondent is, or

probably may be found, and whether such defendant or respondent is

a Commorvealth citizen or not, and the grounds upon which the

application is made; and no such leave shall be granted unless it shall

be made sufifciently to appear to the Court or Judge that the case is a

proper one for service out of the jurisdiction under this Order.

I

support of

application.

t

i

Time for

5. Any order giving leave to effect such service shall limit a time

appearance to

after such service within which such defendant is to enter an appear-

be prescribed.

ance, or in the case of a specially indorsed writ, shall ifx the date for

the appearance in Court of the defendent, such time to depend on the

place where or within which the writ or notice is to be served, and on

whether the air mail is available to such defendant.

t

Notice of w rit.

6. Where the defendant is neither a Commonwealth citizen nor in

the Commonwealth, notice of the writ and not a copy of the writ itself

R. 1/1970]

is to be served upon him.

Mode of

7. The rules prescribing the manner in which writs of summons or

any of the documents mentioned in rule 2 of this Order may be

served within the jurisdiction shall, so far as the same are applicable,

regulate also the manner of serving all such documents or notice

thereof out of the jurisdiction.

service out

ofjurisdiction.

Saving.

8. Nothing herein contained shall in any way prejudice or affect any

practice or power of the Court under which when lands, funds, choses

in action, rights or property within the jurisdiction are sought to be

dealt with or affected, the Court may, without affecting to exercise

//41,

jurisdiction over any person out of the jurisdiction cause such person

to be informal of the nature or existence of the proceedings with a

view to such' person having an opportunity of claiming, opposing, or

otherwise intervening.

Service of

9. Where in any civil or commercial matter pending before a court

or tribunal of a foreign country a letter of request from such court or

tribunal for service on any person in Guyana of any process or

citation in such matter is transmitted to the Court by the Minister

Fo

reig

n Legal

Pr oces s.

[R. 1/1970]

\

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)

responsible for external affairs with an intimation that it is desirable

that effect should be given to the same, the following procedure shall

be adopted-

)

(a) the letter of request for service shall be accompanied by a

translation thereof in the English language, and by two copies of

the process or citation to be served, and two copies thereof in the

English language;

,

,

(b) service of the process or citation shall be effected by the

marshal or other person whom the Registrar may appoint from

time to time for the purpose, or his authorised agent ;

r

(c) such service shall be effected by delivering to and leaving

with the person to be served one copy of the procAs to be served,

and one copy of the translation thereof, in accordance with these

Rules ;

(d) after service has been effected the marshal or person

authorised shall return to the Registrar one copy of the process,

together with the evidence of service by afifdavit of the person

effecting the service w hich shall be veriifed by n otarial certificate,

and particulars of charges for the cost of effecting such service ;

(e) the particulars of charges for the cost of effecting service

shall be submitted to a taxing ofifcer of the Court, who shall

certify the correctness of the charges, or such other amount as

shall be properly payable for the cost of effecting service;

(f) the Registrar shall forward to the Minister responsible for

external affairs the letter of request for service received from the

foreign country, together with the evidence of service, with a

certiifcate appended thereto duly sealed with the seal of the

Court for use out of the jurisdiction. Such certificate shall be in

the form in Appendix C to these Rules.

1

I)

,- 10.

Upon the application of the State Solicitor, with the consent of

Subs tiuted

the Minister responsible for external affairs, the Court or a Judge may

ser vice

[R.

1/1 970]

I

make all such orders for substituted service or otherwise as may be

necessary to give effect to these rules.

ORDER 10

APPEARANCE

ance in the Registry out of which the writ of summons issued.

1. Except as hereinafter provideda defendant shall enter appear-

Entry of

appearance.

_

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Specially

2. In the case of a specially indorsed writ, it shall not be necessary

to enter an appearance, under this Order. The appearance of the

defendant in Bail Court shall be deemed to be an entry of appearance

in the action.

indorsed writ.

'

1

When writ

3. Where any writ is issued in the Registry in Berbice

issued in

Berbice.

(1) an defendant who neither resides nor carries on business

in Berbice may enter an appearance in such Registry or in the

Registry in Georgetown ;

I

T

,

(2) if a sole defendant or all the defendants enter appearance

in the Registry in Berbice, and the others make default in appear-

ance, then, subject to Order 32'rule 7 the action shall proceed in

Berbice;

(3) if the defendants or any of the defendants enter appearance

in the Registry in Georgetown, the Registry in Berbice shall

forthwith be notiifed thereof and subject to Order 32 rule 7 the

action shall proceed in Georgetown: provided that if the Court

or a Judge shall be satisifed that the defendant appearing in

Georgetown is a merely formal defendant, or that he has no

substantial cause to interfere in the conduct of the action, the

Court or Judge may, on the application of the plaintiff, order that

the action proceed in Berbice.

1

I

1

Appearance

4.

A defendant shall enter his appearance to a writ of summons by

ifling in the Registry a memorandum in writing, dated on the day of

its filing, and containing the name of the defendant's solicitor, or

stating that the defendant defends in person.

how entered.

i

Solicitor to

ifle authority.

5. The solicitor of a defendant appearing by a solicitor, unless

authorised by a general power ad lites duly registered or recorded in

the Deeds Registry shall, when entering an appearance or within such

time after as pay be ifxed by the Registrar poduce anauthority

appointing

- the solicitor to act for hitn in the action : provided that

for the solicitor

writing signed by the defendant or his duly constituted attorney,

,

where the Registrar is satisfied that it is n

ot nracticable

to produce the written authority when Rresenting the memorandum

,

of appearan

the solic hot- giving a written undertaking to ifle the authority within

such time as the Registrar may think ift. Such authorisation or under-

taking may be indorsed on the memorandum of appearance, but if not

so indorsed, shall be filed therewith. If this rule is not complied with,

no memorandum of appearance prepared by a solicitor shall be

received.

ce, the Registrar may accept the memoraiidu-m i

ibje to

c

s

-

-------

1


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-,,

6.

The solicitor of a defendant appearing by a solicitor shall state

Solicitor's

in the memorandum of appearance his place of business, and a place

address

for

servi

ce

to be called his address for service, which shall be within one mile of

the Registry in which the appearance is entered.

7.

A defendant appearing in person shall state in the memorandum

Defendant's

of appearance his place of residence, or of business, and a place to be

addr ess fo

r

called his address for service, which shall be within one mile of the

Registry in which appearance is entered.

service

t

8.

If the memorandum of appearance does not contain the address

Memorandum

for service, it shall iIltb_e_recaill If such address shall be illusory or

irliegular ;

d.

acdress

ifctitious, the appearance may , - - aside by the Court or a Judge on ifctitious.

lication

he ap pof thulaintiff.

-

9. If two or

efendants in the same action

ore

appear by the same

Defendants

solicitor and at the same time, the names of all the defendants so

appearing by

same solicitor.

appearing shall be inserted in the memorandum.

10. The memorandum of appearance shall bein such of the Forms Memorandum

in Appendix

D

to these Rules as shall be applicable, with such varia-

of appearance.

i

1

t

ons as the nature of the case may require.

11.

A defendant shall not later than the day following the day on

Notice of

which he enters an appearance give notice of his appearance to the

appearance.

plaintiff's solicitor, or, if the plaintiff sues in persory, 1

to the plaintiff

himself.

H

,

12.

(1) Where persons are sued as partners in the name of their

Partners.

firm, they shall appear individually in their own names; but all

subsequent proceedings shall, nevertheless, continue in the name of

the firm.

t

EE

t

(2) Where a writ is served under Order 7 rule 10 upon a person

No appearance

1

having the control or management of the partnership business, no

except by

partners.

appearance by him shall be N ecessary unless he is a m ember of the ifrm

sued.

13.

A defendant may appear at any time before

,

judgment. If he

Time for

appear at any time after the time limited by the writ or notice of writ

appearance.

for appearance, he shall not, unless the Court or a fudge shall other-

_

wise order be entitled to any further time for clelivoring

his defence

or for any other purpose than if he had appeared according to the writ.

L.R.O. 111973


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10

Appearance of

Any person other than a defcndant entering an appearance in,

co

mmpplliiaannccee with any rule of court shall do so in like manner as a

defendant is required to enter an appearance under this Order.

person other

than a

.., ltdefendant.

,

Recovery of

15.

Any person not named as a defendant in a writ of summons for

the recovery of land may by leave of' the Court or a Judge appear and

defend, on filing an afifdavit showing that he is in possession of the

land, either by himself or by his tenant.

land.

Landlord

16.

Any person appearing to defend an action for the recovery of

land as landlord in respect of property whe reof he is in possession only

by his tenant shall state in his appearance that he appears as landlord.

appearing.

,

I

Recovery of

17. Where a person not named as defendant in any writ of summons

for the recovery of land has obtained leave of the Court or a Judge to

appear and defend, he shall enter an appearance according to the

foregoing rules of this Order intituled in the action against the party

named in the writ as defendant, and shall forthwith give notice of such

appearance to the plaintiff's solicitor, and shall in all subsequent

proceedings be named as a party defendant to the action.

land: perso n

not named

defendant.

Recovery of

18.

Any person appearing to a writ of summons for the recovery of

land shall be at liberty to limit his defence to a part only of the prope rty

mentioned in the writ, describing that part with reasonable certainty in

his memorandum of appearance, or in a notice intituled in the action

and signed by him or his solicitor. Such notice shall be served upon

the plaintiff within four days after appearance ; and an appearance,

when the defence is not limited as above mentioned, shall be deemed

to be an appearance to defend for the whole.

, land :

limiting

defence.

p

Probate

19. In Probate actions any person not named in the writ may

intervene and appear in the action on ifling an afifdavit showing how

he is interested:, in the estate of the deceased.

intervention.

Setting aside

20. (1) An entry of appearance

shall not constitute a submission

to the jurisdiction of the Court and it shall not be necessary to enter a

conditional appearane or an appearance under protest.

.)

rit.

(2) A defendant shall be entitled either before entering appear-

ance or within seven days after entering appearance to take out and

serve a summons or serve notice of motion, to set aside the service

upon him of the writ or of notice of the writ or to discharge the order

authorising such service or to strike out the writ, on the ground that-

(a) the Court has no jurisdiction to determine all or part of

the plaintiff's claim; or

_......Ji

_

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(b) the issue or service of the writ was irregular ; or /

1

(c) an order giving leave to serve the writ or notice of the writ

out of the jurisdiction ought not to have been made; or

(d) the defendant has been served as a partner in a firm of

which he w as not a partner or liable as such at any material time.

(3) After the service of such summ ons or notice of motion the

plaintiff shall not be entitled to obtain judgmen t in default- or take

any other step in the action without leave of the Court or a Judge.

I

3 4

ORDER 11

DEFAULT OF APPEARANCE

i

1. Where no appearance has been entered to a writ of summons for a

Default of

defendant who is an infant, or a person of unsound m ind, the plaintiff

appea ra nce by

shall, before proceeding further with the action against the defendant,

person of

nfantor

.

apply to the Court or a Judge for an order that some Proper person

unsound

may be assigned guardian of such defendant, by whom he may appear Notice of

mind

and defend the action. But no such order shall be made unless it

application.

appears on the hearing of such application that the writ of summons

was duly served and that notice of such application was, after the

expiration of the time allowed for appearance, and at least six clear

days before the day in such notice named for hearing the application,

served upon or left at the dwelling house of the person with whom or

under whose care such defendant was at the time of serving such w rit

of summ ons, and also (in the case of such defendant being an infant

not residing with or under the care of his father or guardian) served

upon or left at the dwelling house o f his father or guardian, if any,

unless the Court or Judge at the tim e of hearing such 'application,

shall dispense with such last-mentioned service.

1

the plaintiff is desirous of proceeding upon default of appearance

appearance

2. Where any defendant fails to appear to a writ of summ ons, and

Default of

f '

under any of the following rules of this Order, or under Order 13 rule I

served out of

where writ

1

I

he_shall, where the writ of summons or notice in lieu thereof has been

jurisdiction.

served out of the jurisdiction, ifle an afifdavit of service.

i

3. Where the w rit of summons is indorsed for

a

liquidated demand,

Liquidated

but is not a specially

indorsed, writ, and the defendant

S--oi or

ff i

-

e

-deni and b u t

fail,

deferiants, if more than one, fail to appear thereto, the plaintiff may

specially

wrtnot

ifle a request for final judgment for any sum not exceeding the

sum endorsed.

indorsed on the writ, together with interest at the rate, specified, if

any, or if no rate be specified, at the rate of six per cent

per annum

to

L.R.O. 111973


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the date of the judgment, and costs, and on his ifling a certiifcate of the

Registrar that no appearance has been entered, together with an

afifdavit verifying the cause of action, the action shall be set down for

ifnal judgment in the next Bail Court List : provided that in actions by

a money-lender or an assignee for the recovery of money lent by the

money-lender or the enforcement of any agreement or security

relating to any such money, judgment shall not be given in default of

appearance unless the Court or Judge is satisifed that it is just and

equitable that judgment should be entered for the amount claimed and

that no further notice should be given to the defendant.

4

-

on-

4. Where the writ of summons is indorsed for a liquidated demand,

appearance of but

is not a specially indorsed writ and there are several defendants, of

one of several

defendants.

whom one or more appear to the writ, but another or others of them

fail to appear, the plaintiff, may, on complying with the preceding

rule, obtain in like manner ifnal iudgment against the defendant or

defendants who have not appeared for any sum not exceeding that

indorsed on the writ, together with interest at the rate specified, if any,

or if none be speciifed at the rate of six per cent

per annum

to the date

of judgment, and the plaintiff may issue execution upon such judgment

without prejudice to his right to proceed with the action against the

defendant or defendants who have appeared.

[

u

[

Detention

of

5. Where the writ is indorsed with a claim for pecuniary damages

only, or for detention of goods with or without a claim for pecuniary

damages, and the defendant fails, or all the defendants, if more than

one, fail to appear, the plaintiff may ifle a request for ifnal judgment

and on ifling a certiifcate of the Registrar that no appearance has been

entered together with an affidavit or afifdavits in support of his claim,

the action shall be entered in the next Bail . Court List. The judge shall

thereupon on the affidavit or afifdavits filed or such other evidence as

he may reqmire assess the value of the goods and the damages, or the

damages only as the case may be, in respect of the causes of action

disclosed by the indorsement on the writ of summons : provided that

the Judge may order a statement of claim or particulars to be filed and

verified before assessing any damages, and may order that the value

and amount of damages or either of them shall be ascertained in any

goods.

Damages.

L

i

,

i

way which the Judge may direct.

Several

defendants.

6. Where the writ is indorsed as in the last preceding rule mentioned,

and there are several defendants, of whom one or more appear to the

writ and another or others of them fail to appear, the plaintiff may on

complying with the preceding rule, obtain in like manneffinal judg-

ment against the defendant or defendants so failing to appgar without

prejudice to his right to proceed with the action against the other

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defendant or defendants but the Judge instead of assesing the value

of the goods and the damages or either of them, as the case may be or

ordering the same to be ascertained may order judgment to/ be

entered against the defendant or defendants suffering judgment by

default and direct that the value of the goods and the damages or

either of them as the case may be, be assessed against such defendant

or defendants at the same time as the trial of the action or issue therein

against the other defendant or defendants.

-

7.

Where the writ is indorsed with a claim for pecuniary damages

Detention of

only, or for detention of goods with or without a claim for pecuniary

g

c)dsa

m i

es and

damages, and is further indorsed for a liquidated demand, whether

liquidated

specially or otherwise, and any defendant fails to appear to the writ,

demand.

i

the plaintiff may proceed in the manner set out in the preceding rules

of this Order and the Judge may give ifnal judgment for the debt or

liquidated demand, interest, the value of the goods and the damages,

or the damages only, as thcase may be, and costs against the defend-

1

ant or defendants failing to appear or as regards the claim for the value

of the goods and damages, may order judgment to be egtereci and give

such directions as he may think fit as to assessing such value and

damages and the preceding rules of this Order shall apply so far as

they may be applicable.

i

In case no appearance shall be entered in an action for the

Recovery of

recovery of land within the time limited by the writ for appearance or

land.

if an appearance be entered but the defence be limited to part only, the

plaintiff shall be at liberty to file a reque

.st for and obtain in Bail Court

a judgment that the person whose title is asserted in the writ shall

recover possession of the land, or of the part thereof to which the

defence does not apply. 1

1

---'

9.

Where the plaintiff has indorsed a claim for mesne proifts

Mesne

proifts.

arrears of rent, double value, or damages for breach of contract or

wrong or injury to the premises claimed, upon a writ for the recovery

of land, he may proceed to obtain judgment as in the last preceding

rule mentioned for the land ; and may proceed as in the other preceding

rules of this Order mentioned as to such other claim so indorsed.

i

0. In any case to which rules 3'to 8

(inclusive) of this Order do not

Judgment for

apply, in which the defendant fails, or all the defendants, if more than

costs.

one, fail to appear, but in which by reason of payment, satisfaction

abatement of nuisance, or for any other reason it is unnecessary for

the plaintiff to proceed with the action , he may, on filing a request for a

judgment for costs, obtain in Bail Court such judgment : provided that

notice of such request shall be served in the manner in which service

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of the writ has been effected or in such other manner as the Court or a

Judge shall direct.

(7

4.\4

,Unliquidateci

jilt

In any case in which a wri oLsumm_o_ns is not indorsed for a

demand.'

r

quaeeman,orweresnorseoraquaeeman,

and also with some other claim, and the defendant or all the defen-

A

dan ts, if mo re than on e, fail .

to appear thereto, the plaintiff may,

subject to the provisions of Order 13 'Where an account is claimed, on

ifling a Lrtifieate of non-

,

a ''regmtior hearing, have the 4

ae

appearance and a statement of claim, and

tion enteron_ikte_Bail_cotirt

List for hearing ex parte

and the Judge shall hear such action ex

forthwith or fix a day for stich hearing and in such case may

direct that notice of such fixture be served on the defendant by

registered post or otherwise and published in the

Gazette

by the

Registrar.

t

12.

Where application for judgment is made pursuant to the

preceding rules of this Order the C ourt or

a Judge instead of giving

judgment may make such order or give such directions as the Court or

Judge may think fit and where judgment has been obtained pursuant

to the preceding rules of this Order the Court or a Judge may set aside

or vary such judgment upon such terms as may be just.

Discretion as

to giving or

setting aside

judgment.

,

L

-14 li t

Ps

-

V

#; .

'O'

N

rgzv

-

12

PROCEEDINGS IN SPECIALLY INDORSED WRITS

Parties to

1.

The parties to a specially indorsed writ shall appear in Bail

Court at the time named in the writ.

ppear.

T

Affidavit

2. If the plaintiff intends to apply for final judgment he shall at the

time of filing the writ or at any time prior to applying for judgment file

an affidavit or affidavits made by himself or by any other person who

verifying

$

claim.

can sweafTiciSiliVery

-16-

the facts, verifying and establishing his claim,

and stating that in his belief there is no defence to -

the action.

\

Affidavit of

3. (I) If

the defendant, or any defendant if there be more defend-

ants than one, desire to defend the action,

,

he shall, not later than

efence.

eleven o'clock in -the forenoon of the day (not being a public holiday)

immediately preceding that fixed by the writ of summons for the

appearance of the defendant, file an affidavit of defence.

(2) The affidavit shall state whether the defence alleged goes to

the whole or to part only, and (if so) to what part of the plaintiff's

claim and shall contain a memorandum of the address for service of

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the defendant, which shall be some proper place within one mile of

the Registry.

(3) The defendant shall, forthwith after ifling the affidavit, serve

Application

a copy thereof, containing such m emorandum as aforesaid, on the

for judgment.

plaintiff.

.

4.

(1) If both the plaintiff and the defendant appear, or the plaintiff

appears and the defendant does not appear, the plaintiff may, if he

has ifled an afifdavit verifying claim, apply to the Judge for ifnal

judgment, for such remedy or relief as the plaintiff may be entitled to

upon the statement of claim.

1

R).,S42

,

1,4

(2) The Judge may on any hearing under this Order give

judg-

ment for the plaintiff on his application : provided that if the defendant

by his affidavit shall satisfy the Judge that he has a good defence to the

I

action on the merits or shall disclose such facts as may be deeme d

sufficient to entitle him to defend, the Judge shall give leave to defend,

subject to such terms, if any, as the Judge may im pose or make such

order or orders as may be just or otherwise as the case may require.

E

(3) The judge may give leave to the plaintiff to ifle an afifdavit in

reply if the plaintiff alleges that he has documents to exhibit in

answer to the,allegations in the defendant's afifdavit or may order the

defendant, or in the case of a corporation any ofifcer thereof, to attend

and produce any leases, deeds, books or documents, or copies or

extracts therefrom.

I

1

(4) When the writ is indorsed with a claim for mesne profits or

for detention with a claim for pecuniary damages or for the value of the

chattel or for pecuniary damages, the Judge may assess the amount on

afifdavit or such other evidence as he may require, and give judgment

accordingly.

i

1

\

(5) Where the plaintiff's claim is for the delivery up of a speciifc

chattel (with or without a claim for the hire thereof or for damages

for its detention) the Judge m ay make an order for the delivery up of

the chattel without giving the defendant any option of retaining the

same upon paying the assessed value thereofand such order, if not

obeyed, may be enforced by a writ of attachment or a writ of delivery.

,

E

(6) Where the plaintiff's claim is for specific performance of a

contract for the sale or purchase of property the Judge may make such

orders for consequential accounts, inquiries and d irections as to pay-

ment of purchase money, interest, damages and costs or otherwise as

the case may require.

1

4

i4otti

f.^'

c-t

-01-

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Judgment for

5. If it appears that the defence set up by the defendant applies only

to part of the plaintiff's claim, or that any part of the claim is admitted,

the plaintiff shall have judgment forthwith for such part of his claim

as the defence does not apply to or is admitted, subject to such terms,

if any, as to suspending execution, or the payment of the amount

levied or any part thereof into Court by the Marshal, the taxation of

part of claim.

,

,

costs, or otherwise, as the Judge may think fit. And the defendant

may be allowed to defend as to the residue of the plaintiff's claim.

Where one

6. If it appears to the Judge that any defendant has a good defence

i

defendant has

to or ought to be p

ermitted to defend the action

and that any other

good defence

and the other

defendant has not such defence and ought not to be permitted to

not.

defend, the former may be permitted to defend, and the plaintiff shall

be entitled to final judgm ent against the latter, and may issue execu tion

upon such judgment without prejudice to his right to proceed with his

action against the former.

I

Leave to

7. Leave to defend may be given unconditionally, or subject to such

terms as to giving security or time or mode of trial or otherwise as the

Judge may think fit.

defend.

Directions as

8. Where leave, whether conditional or unconditional, is given to

defend, the Judge shall have power to make any interlocutory order

and to give all such directions as to the further conduct of the action

to trial.

as he may think fit including directions that there be no further

pleadings, as to the place and mode of trial, as to the action being

tried speedily, and as to interlocutory applications, and may order the

action to pe forthwith set down for trial.

[

i

I

Claim

9. If on any hearing under this Order it shall appear that any claim

which could not have been specially indorsed under Order 4 rule 6 has

been included in the indorsement on the writ the Judge may, if he shall

think ift, forthwith amend the indorsement by striking out such claim,

or may deal with any claim capable of being specially indorsed as if no

other claim had been included in the indorsement, and allow the action

to proceed on the residue of the, claim.

wrongly

indorsed.

(f

NO11-

10. If neither the plaintiff nor the defndant appears at the time

appearance of

named in the writ, the action shall be struck off the list, and no further

parties.

,

proceedings shall be had

under the writ unless the Judge shall, on the

4

application of the plaintiff, direct that the action be placed again upon

the List : provided that if the defenda nt

\

is not present at the application,

notice that the case has been placed again on the List and the date of

hearing shall be given by the Registrar to the defendant

,

.


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11. If at the time named in the writ the defendant appears, but the

Where

rlaintiffalone

plaintiff does not appear, the Judge may (a) on the application of the

doesnot

defendant strike the action off the list ; or (b) where the defendant has

appear.

ifled and served an afifdavit of defence give judgment dismissing the

action or give leave to defend; or (c) make such other order as he may

think just.

12.

The Judge may at the request of the parties or in any case in

Speedy

-

which he considers it just and equitable treat the application as the

trian

ulmary

trial of the action and may thereupon or at such other time as he may

appoint hear and determine the action subject to the payment of the

prescribed fees for hearing and otherwise.

I

13.

A special list (to be called the Short Cause List) shall be kept

Short Cause

for the trial of causes in which leave to defend has been g iven under this

List'

Order and in which the Judge is of the opinion that a prolonged trial

will not be requisite ; and the Judge m ay, if he thinks it advisable, order

any such action to be put into such list subject to the payment of the

prescribed fees for hearing and otherwise. Where the plaintiff has

obtained judgment subject to a suspension of execution pending the

trial of a counterclaim this rule shall apply to the counterclaim as if it

were an action.

14.

(1) The costs of and incident to all applications imder this

Costs.

Order shall be dealt with by the Judge at the hearing, who shall order

by and to whom, and when the same shall be paid, or may refer them

to the Judge at the trial: provided that in case no trial afterwards takes

place, or no order as to costs is made, the costs are to be costs in the

cause.

(2) If the plaintiff applies for ifnal judgment under this Order

when the case is not within the Order, the application may be dis-

missed with costs to be paid forthwith by the plaintiff.

15.

Any judgment given or order made in default of appearance of

Setting aside

,

plaintiff or defendant under this Order may be set aside or varied by

iudgni

ent or

rdertv

,

the Court or a Judge on the application of the party against whom the

default.

judgment or order was given or made on such terms as to the payment

of costs or otherwise as may be just.

ORDER 13

k

\

APPLICATION FOR AN ACCOUNT

1. Wher a writ of summons has been indorsed for an account under

Order for

Order 4 rule 8 or where the indorsement on a w rit of summon s involves

account.

taking an account, if the defendant either fails to appear or does not

after appearance, by afifdavit or otherwise, satisfy the Court or a

Judge that there is some preliminary question to be tried, an order for

L.R.O.

111973


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the proper accounts, with all necessary and usual inquiries and direc-

tions, shall be forthwith made.

i

Afifdavit.

2. An application for such order as mentioned in the last preceding

rule shall be supported by an afifdavit, when necessary, ifled on behalf

of the plaintiff, stating conc isely the grounds o f his claim to an account.

The application may be made at any time after the time for entering an

appearance has expired.

ORDER 14

ARRANGEMENT OF RULES

PARTIES

RULE

1.

Parties claiming jointly, severally or in the alternative may be joined.

2. Action in nam e of wrong p laintiff.

L

3. Counter-claim Mis-joinder.

4. All persons may be joined as defendants.

5. Defendant need no t be interested in all the relief claimed.

6. Joinder of persons severally or jointly and severally liable.

7. Plaintiff in doubt as to the person from whom red ress is to be sought.

t

8. Numerous persons.

9.

Power to approve compromise.

10.

Beneficiaries need not be joined.

11.

Infant. Next Friend. Guardian ad litem.

12. Partners.

1

13.

Lunatics and persons of unsound mind.

14.

Misjoinder or non-joinder.

15. Application to add o r strike out.

16.

Where defendant added.

i

THIRD-PARTY PROCEDURE

17.

Third-party notice, form issue and effect of.

18.

Appearance of third-party.

19. Non-appearance of third-party.

20. Default of appearance by third-party. Judgment against.

21. At trial.

22. Application for directions.

23.

Direction: what m ay be given.

24. Costs.

25. Fourth and subsequent parties. )

26. Co-defendants.

*

ADMINISTRATION AND EXECUTION OF TRUSTS

27. Next of kin, Class.

28.

Power to appoint person to represent absent parties.

29.

Persons who need not be served.


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RULE

31. Executor, administrator, trustee.

32. Conduct of action.

1

33.

Notice of judgment to be served on certain persons. Effect of.

34.

Order for liberty to attend not necessary. A ppearance to be entered.

35.

Memorandum of service to be entered in Registry.

36. Form of Memorandum.

37. Service of notice of judgmen t on infants, etc.

38. Where no legal personal representative Court may appoint or

39. Administration. Appearances at Chambers in respect of creditor's

dispense with.

r

i

claims. ,

I

i

r

ORDER 14

LA V 1 Ali,

Na

5

3 cci tik,

4'G^

E

(

PARTIES

--r,N1L4-.te

1. All persons may be joined in an action as plaintiffs in whom the

Parties

right to relief in respect of or arising out of the same transaction or ?Iqjrning

[

Jontly,

1

series of transactions is alleged to exis

't, whether jointly, severally or in

severally or in

the alternative, where if such persons brought separate actions any thearative

common question of law or fact would arise : provided that4f upon the

joined.

may

application of any defendant it shall appear that such joinder may

embarrass or delay the trial of the action, the Court or a Judge may

order separate trials, or make such other order as may be expedient,

and judgment may be given for such one or more of the plaintiffs as

may be found entitled to relief for such relief as he or they may be

entitled to without amendment: but the defendant, though unsuccess-

ful, shall be entitled to his costs occasioned by any person or persons

being joined who shall not be found entitled to relief unless the Court

or Judge shall otherwise order.

2.

Where an action has been commenced in the name of the wrong

Action in

person as plaintiff, or where it is doubtful whether it has been com-

nameof

menced in the name of the right plaintiff, the Court or a Judge may, if

plaintiff.

wrong

)

satisifed that it has been so commenced through a

bona fide

mistake,

and that it is necessary for the determination of the real matter in

dispute so to do, order any other person to be substituted or added as

plaintiff, upon such terms as may be just.

,

k

3. Where in an action any person has been improperly or un-

Counterclaim

necessarily joined as a co-plaintiff, and a defendant has set up

a M is-joinder.

counterclaim or set-off, he may obtain the beneift thereof by estab-

lishing his set-off or counterclaim as against the parties other than the

L.R.O. 111973

:


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co-plaintiff so joined, notwithstanding the mis-joinder of such

plaintiff or any proceeding consequent thereon.

`

q

04

0

.14

;

k

g;it,,

g

All persons

4.

All persons may be joined as defendants against whom the right

to any relief is alleged to exist, whether jointly, severally or in the

alternative and judgment may be given against such one or more of

the defendants as may be found to be liable according to their respec-

may be joined

I

as defendants.

EI

I

r

a

'

tive liabilities, without any amendment.

4t

fr'414t-

I, 0

6 .

-

q i

ac

e 1

Defendant

5. It shall not be necessary that every defendant shall be interested

need not be

as to all the reliefpray

ed for, or as to every cause of action included in

any proceeding against him; but the Court or a Judge may make such

order as may appear just to prevent any defendant from being em-

barrassed or put to expense by being required to attend any proceedings

in which he may have no interest.

interested in

all the relief

claimed.

,

1

I

Joinder of

6. The plaintiff may, at his option, join as parties to the same action

all or any of the persons severally, or jo

high court rules guyana 1955

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