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Section VI   Contestation upon the merits

Revised Laws of Saint Lucia (2021)

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Section VI   Contestation upon the merits

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    140-147.   (Repealed by S.I. 3 of 1970)

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    148.   The nullity of a deed may be invoked by any pleading. All the parties thereto having been put in the case, judgment may be given without its being necessary to bring a direct action.

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    149.   The quality of the party suing is admitted unless specifically denied, except in the cases of tutors and curators, whose appointments must be registered, and in the case of women separated as to property from their husbands.

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    150.   Every denial of a signature to a bill of exchange, promissory note or other private writing or document upon which any claim is founded, must be accompanied with an affidavit of the party making the denial, or of some person acting as his or her agent or clerk and cognizant of the facts in such capacity, that such instrument or some material part thereof is not genuine, or that his or her signature or some other on the document is forged, or, in the case of a promissory note or bill of exchange, that the necessary protest, notice and service have not been regularly made, stating in what the irregularity consists; without prejudice however to the recourse of such party by improbation.

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    In the case of promissory notes, or bills of exchange payable at a particular place, they are presumed, as against the maker or acceptor, to have been presented at that place at maturity, unless the exception founded upon such want of presentation is accompanied with an affidavit that, at the time they became due, provision had been made for their payment at the specified place.

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    The denial of any document specified in article 1152 of the Civil Code, must be accompanied by the giving of security for the costs of the commission required to obtain the proof of such document. In the cases of paragraphs 5 and 6 of the same article, the denial of the original deposited, must moreover be accompanied by an affidavit of the party making the denial, stating that he or she doubts and does not believe that the original in question has been signed by the person or executed in the manner therein mentioned. The party wishing to make use of the copy filed is then bound to prove the original, and for this purpose the person who the charge of the original is bound, upon the order of the Judge, to deposit it in the Court; and the Registrar is bound to furnish the depositor at the expense of the contesting party with a certified copy.

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    The original, the genuineness of which is thus denied, may be annexed to the commission required to obtain its proof.

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    151.   (Repealed by S.I. 3 of 1970)

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