Revised Laws of Saint Lucia (2021)

PART FOURTH
THE DISTRICT COURT

BOOK FIRST
POWERS AND JURISDICTION OF THE DISCTRICT COURT

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   866-870.   (Repealed by 1889 Ed. No. 99, s.52)

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   871.   The District Court has jurisdiction in all suits wherein the amount or value of the property or damages demanded does not exceed $25000, and in actions between lessors and lessees when the annual value of the property does not exceed $25000, and in possessory actions when the annual value of the property in dispute does not exceed $25000, except

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   (1)   in actions in which the title to any real property is bona fide disputed;

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   (2)   in actions for malicious arrest or prosecution, illegal execution (in any other than the District Court), libel, criminal conversation, seduction, and breach of promise of marriage;

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   (3)   in hypothecary actions;

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   (4)   in purely admiralty actions.

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   (Amended by Act 14 of 1982 and Act 2 of 1988 and substituted by Act 21 of 2016)

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   872.   The clerk of the Court enters in a book the names and places of abode of the plaintiff and defendant and the nature of the action brought. The suits are numbered according to the order in which they are lodged, and thereupon he or she issues a writ of summons stating the clause of the action in the writ, if no declaration be annexed. The clerk enters up the judgments in a separate book. He or she also keeps a register of the writs of attachment and execution.

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   873.   The Court held in the chief place of the district has jurisdiction over the whole of that district.

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   874.   No misnomer or inaccurate description of any person or place in any writ vitiates the same, if the person or place be described as commonly known.

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   875.   The delay for service of writs of summons is 3 days when the distance from the defendant's domicile to the place where the Court is held does not exceed 5 leagues, a further delay of one day is given for every 5 leagues.

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   876.   When a writ other than a writ of execution or attachment or any document requires to be served out of the district, the service may be made either by a bailiff of the district in which the Court is held, or by a bailiff of the district in which such service is to be made, but no more costs can be allowed in the former case than in the latter.

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   877.   In any action founded upon a notarial deed, written acknowledgment, verbal agreement to pay a specific sum of money, goods sold and delivered, or for money lent, in which the defendant does not appear, the Court upon the oath or affidavit of the plaintiff or of any credible person that the amount demanded is due by the defendant to the plaintiff, may give judgment for the amount claimed.

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   878.   A defendant may be summoned before the Court within the limits of the jurisdiction of which the cause of action arose.

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   879.   If upon the day fixed for the sitting of the Court or any adjournment of the same the plaintiff shall not appear when the suit is called, the Court may adjourn the case or nonsuit the plaintiff. If he or she shall appear but shall not prove his or her claim, the Court may adjourn the case or nonsuit the plaintiff, or give judgment for the defendant.

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   880.   Written pleadings are not required, but may be made. In the absence of written pleadings the Magistrate puts on record the nature of the defence.

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   881.   When the defendant appears on the return day and has witnesses to produce, he or she may apply that the case be adjourned to some other day for the trial and hearing. The plaintiff may also apply for the adjournment of the case after hearing the plea of the defendant.

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   882.   A witness shall be heard though not summoned. He or she may also be called even if summoned by the adverse party.

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   883.   A witness residing in a district can be summoned to appear before the Court sitting in another district by means of a subpoena, issued by the Magistrate holding the Court in the district in which the action is instituted, when he or she has satisfied himself or herself that such witness is a necessary one. The Magistrate fixes the delay for service of the subpoena.

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   884.   Notes of evidence are taken by the Court. The cases are heard in a summary manner.

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   885.   No plaintiff can divide a cause of action so as to bring it in the District Court. He or she may reduce the amount of his or her claim, and thereby abandons the right to recover any further sum.

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   886.   In cases of leases of land for agricultural purposes, when there is no written lease fixing the day upon which the lease is to terminate, and in the cases in which land is held by permission of the proprietor without lease, the plaintiff must serve upon the defendant a notice to quit and deliver possession on the first day of May then ensuing. If the defendant has no known residence in Saint Lucia, the bailiff posts on the dwelling house or other conspicuous place on the property leased, having previously notified one of the neighbours of his or her intention to do so, a notice to quit and deliver possession. The notice must be served or posted as the case may be one month at least previous to the institution of an action to annul the lease or to give up possession. The lessor may sue by the same action for the rent due him or her. (Amended by Act 3 of 1957)

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   887.   If not otherwise agreed upon by the parties, the Court may grant compensation for the growing crop to a defendant ordered to give up possession to the owner or lessor, unless the owner or lessor allow the occupier or tenant to take away such crop, in which last case the Court gives a reasonable time for its removal.

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   888.   The Court may appoint appraisers and experts, and may, with the consent of the parties, order any case to be referred to arbitrators.

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   889.   The Court may stay execution for such time and on such terms as it thinks fit, and all monies so ordered to be paid are paid into Court unless it be otherwise ordered.

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   890.   If it at any time appears to the satisfaction of the Magistrate by the oath or affidavit of any person or otherwise, that any defendant is unable, from illness or other sufficient cause, to pay and discharge the amount recovered against him or her, or any instalment thereon ordered to be paid, the Magistrate in his or her discretion may stay execution for such time and on such terms as he or she think fit, and so from time to time, until it appears by the like proof that such temporary cause of disability has ceased.

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   891.   Whenever the Court gives judgment for the payment of money, the amount shall be recoverable immediately, or at the time and in the manner directed by the Court, by execution against the goods and chattels of the party against whom such judgment has been rendered.

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   892.   The clerk, upon application by the judgment creditor, shall issue a writ of execution to the bailiff, who shall levy on the goods and chattels of the debtor such sum as shall be so ordered, and the cost of execution.

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   893.   It is not necessary to advertise the sale of the movables seized in the Gazette, but the Magistrate may issue an order to that effect if he or she think fit.

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   894.   Whenever a writ of execution against goods and chattels, or a warrant for the commitment of any person has issued, and the goods and chattels or person are not to be found within the district in which the writ or warrant has issued, the Court which has issued the same may send such writ or warrant of commitment to the clerk of the Court of the district in which the goods and chattels or person are then, or believed to be, requiring execution of the same, and the clerk to which the same is sent signs the same and stamps it with the seal of his or her Court, and issues the same to the bailiff of his or her Court, who acts in all respects as if the original writ of execution or warrant of commitment had been directed to him or her by the Court of which he or she is bailiff.

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   When a levy is made the bailiff pays over all monies received in pursuance of the writ to the clerk of his or her Court, less the amount of his or her fees. The clerk forwards the amount paid to him or her to the clerk of the Court from which execution issued. Where any order of commitment is made, and the person apprehended, he or she is immediately conveyed by the bailiff to the Royal Gaol and kept therein for the time mentioned in the warrant of commitment, unless sooner discharged by competent authority.

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   The bailiff may call upon all constables and police officers to assist him or her in the execution of the warrant.

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   895.   (Repealed by Act 3 of 1957)

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   896.   (Repealed by Act 3 of 1957)

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   897.   All oppositions to seizures must be made and filed before the day fixed for the sale, unless the Magistrate suspends the sale and grants further delay.

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   898.   All claims or oppositions for monies must be filed with the bailiff on or before the day of sale, if no further delay have been granted by the Magistrate.

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   899.   No sale of goods and chattels in virtue of a writ of execution can take place until 5 days after the seizure, except in the case of perishable goods under an order of the Magistrate.

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   900.   No writ of execution can issue against immovables before the sale of the movables has taken place or there be a return of nulla bona. The writ against immovables is addressed to the Sheriff by the clerk of the Court, and made returnable in the Supreme Court. Upon the return of the writ into the Supreme Court the Judge may order the clerk of the District Court to transmit to the Supreme Court the original record in the case.

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   901.   A garnishee must make his or her declaration before the Court on the return day of the writ unless the Court grants him or her further delay or permits him or her to make his or her declaration before any Magistrate.

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   902.   If the declaration of the garnishee is not contested, and if no demand be made by any creditor that the amount due by the garnishee be paid into the Court, the garnishee may pay the seizing creditor.

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   903.   The Court may, in cases of fraudulent nature, give judgment for the amount due, and order that the record be transmitted to the Crown Attorney for such action as he or she may think advisable to take, instead of condemning the debtor to imprisonment.

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   904.   Petitions to set aside judgments are heard in the same manner as in the Supreme Court.

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   905.   The Court cannot award imprisonment for any cause other than those mentioned in articles 2134 and 2135 of the Civil Code, and for no longer time than 6 months.

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   906.   (Repealed by 1889. No. 99, s. 52)

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   907.   The rules contained in the foregoing parts of this Code apply in like manner to the District Court, except such as are inconsistent with the present part, and such as can only apply to the Supreme Court. The rules with respect to payment in of money upon receivable order and payment out of such money do not apply to the officers of the District Court. (Amended by Act 4 of 1939)

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   908.   All powers conferred upon the Supreme Court, or upon the Judge or officers thereof respectively, relatively to matters within their jurisdiction, are also conferred upon the District Court within the limits of its cognizance, and upon the Magistrates, or persons specially appointed by the Governor, holding such Courts and upon the officers of the said Court respectively with regard to the same, and other matters which form the subject of the present part, or with regard to any other subject concerning the manner of conducting suits or proceedings in the District Court. But no clerk of any District Court can pronounce any interlocutory or final judgment.

BOOK SECOND
APPEALS FROM DISTRICT COURTS

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   909.   Any person aggrieved by a final judgment of the District Court or by a final order of the Magistrate may appeal to the Court of Appeal of the Eastern Caribbean Supreme Court (hereinafter referred to in this Book as the “Court of Appeal”). The judgment of the Court of Appeal is without appeal.

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   (Substituted by Act 2 of 1988)

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   910.   Notice of appeal must be in writing and signed with the name or mark of the intending appellant or his or her attorney-at-law, and must be served upon the clerk of the District Court within 15 days of the date of the decision appealed from. The clerk is bound to write the notice when the Court is not sitting, in which case no notice need be served upon him or her. (Amended by Act 3 of 1957)

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   911.   The appellant must give security within the said 15 days of the rendering of the judgment before the Magistrate, or in his or her absence the clerk, that he or she will pay and satisfy the judgment and all costs incurred and to be incurred in appeal. (Amended by Act 3 of 1957)

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   911A.

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   (1)   The appellant shall also, within 21 days after the pronouncing of the decision, serve upon the clerk of the Court notice in writing of the reasons for his or her appeal.

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   (2)   A notice of reasons for appeal may be served either at the time of serving notice of appeal, or at some other time within the time hereinbefore specified in the preceding paragraph, and may be embodied in the notice of appeal.

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   (3)   Every notice of reasons of appeal may be signed either by the appellant, or by his or her attorney-at-law.

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   (Amended by Act 3 of 1957)   

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   912.   The Court of Appeal sits for the hearing of appeals at such times as shall be fixed by proclamation of the Governor General, or by Rules of Court, and may adjourn from one day to another. (Substituted by Act 3 of 1957 and Amended by Act 2 of 1988)

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   913.   No appeal is heard until after the expiration of 28 days from the date of the judgment appealed from. (Amended by Act 3 of 1957)

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   914.   On or before the last Thursday of each month, the clerk of each District Court forwards to the Registrar the records of the cases appealed from, with a list containing the names of the appellant and respondent, the names of the witnesses, distinguishing those examined on behalf of the plaintiff and those examined on behalf of the defendant.

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   915.   The clerk of the District Court notifies the parties to attend the sitting of the Court of Appeal at which the case may be heard. (Amended by Act 2 of 1988)

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   916.   A witness may be examined in appeal, with the leave of the Court upon cause shown, although he or she was not examined in the District Court.

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   917.   When notice of appeal and security have been given, proceedings in execution are stayed until the judgment of the Court of Appeal has been rendered on the appeal. (Amended by Act 2 of 1988)

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   918.   The Court of Appeal may, upon special grounds, permit an appeal after delays hereinbefore allowed for giving notice of appeal and putting in security. It may allow fresh security to be given, but no application for leave to appeal shall prevent the execution of the judgment of the District Court, unless the Magistrate so direct. (Amended by Act 2 of 1988)

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   919.   The Court of Appeal has full discretionary power to order the District Court to receive evidence upon any question or questions of fact, and to require it to adjudicate upon the case after the reception of such evidence. (Amended by Act 2 of 1988)

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   919A.

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   (1)   In giving judgment the Court of Appeal may

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      (a)     confirm, modify, amend or reverse the judgment or order of the District Court or of the Magistrate either in whole or in part; or

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      (b)     make an order under the provisions of article 919 of this Code, or otherwise; or

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      (c)     make such other order for disposing of the case as justice may require.

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   (2)   The Court of Appeal may, so far as may be necessary for doing justice between the parties, review any order made by the District Court with respect to the case.

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   920.   The Registrar upon the rendering of a final judgment in the Supreme Court, whether the decision of the District Court be confirmed, reversed or modified, transmits a copy thereof immediately, with the record to the clerk of the Court appealed from. When the judgment appealed from is modified or reversed, the Court of Appeal gives its reasons in writing for such modification or reversal. (Amended by Act 2 of 1988)

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   921.   The judgments of the Court of Appeal are put into execution by the bailiff in the same manner as judgments of the District Court. (Amended by Act 2 of 1988)