2023 Laws not yet authenticated through a Commencement Order

Revised Laws of Saint Lucia (2023)

67.   Acknowledgment of citation to accept or refuse or take a grant, then default

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    (1)   Where a person makes a citation under rule 66(1) and the citee has filed an acknowledgment of service but —

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      (a)     has not applied for a grant under rule 66(7); or

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      (b)     has failed to proceed with his or her application with reasonable diligence,

the citor may apply to the Court on notice to the citee for a grant to himself or herself.

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    (2)   Where the person makes a citation under rule 66(2) and the citee has filed an acknowledgment of service but —

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      (a)     has not applied for a grant under rule 66(7); or

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      (b)     has failed to proceed with his or her application with reasonable diligence,

the citor may apply to the Court on notice to the citee for an order striking out the acknowledgment of service and that a note be made on the grant that —

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    (i)     the executor in respect of whom power was reserved has been cited,

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    (ii)     that executor has not filed an acknowledgment of service, and

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    (iii)     his or her rights in respect of the executorship have wholly ceased.

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    (3)   Where the person makes a citation under rule 66(3) and the citee has filed an acknowledgment of service but —

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      (a)     has not applied for a grant under rule 66(7); or

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      (b)     has failed to proceed with his or her application with reasonable diligence,

the citor may apply to the Court on notice to the citee for an order requiring the citee to take a grant within a specified time or for a grant to the citee or to some other person specified in the application.