Antigua and Barbuda Process Service: Rules, Laws and Court Procedures

Introduction to Antigua and Barbuda

Antigua and Barbuda is a twin-island nation located in the Lesser Antilles of the Caribbean. The indigenous people called the islands Waladli or Wadadli. On November 1st, 1981, the country gained independence from the United Kingdom and became a member of the Commonwealth of Nations. Although Antigua and Barbuda is divided into six civil parishes, these parishes do not have any form of local government administration.

The Court System

Structure of the Courts: The Eastern Caribbean Supreme Court, based in Castries, St. Lucia, oversees the judiciary of Antigua and Barbuda and other member states of the Organization of Eastern Caribbean States (OECS). The court system consists of two main branches:

1. The High Court of Justice
2. The Court of Appeal

The High Court has nineteen judges who reside in the nine member countries and territories. These judges serve in the court of summary jurisdiction in their respective countries. The Court of Appeal, consisting of the Chief Justice and four Justices of Appeal, is located at the court’s headquarters in St. Lucia.

Jurisdiction and Powers

Magistrate’s Court: The lower court that handles less severe cases.

High Court: Has jurisdiction over fundamental rights and freedoms, constitutional issues, and civil actions exceeding three thousand dollars. In exceptional circumstances, the High Court must have the highest level of jurisdiction.

The High Court can hear and determine all disputes between parties without a jury, except for cases involving malicious prosecution, false imprisonment, libel, slander, seduction, or breach of promise of marriage. If the High Court decides that a case should be tried in the High Court, it can order the transfer of the suit from a lower court. The lower court’s expenses in this action are considered costs in the cause.

Court Sittings and Special Sittings

The Court sits in Antigua at the Court House in Saint John’s City on the first day of each month, unless it falls on a Sunday or public holiday, in which case the sitting is held on the next working day. The Judge may call a special sitting of the Court with at least three days’ notice posted outside the Court House and given to the plaintiff and defendant by the Clerk.

The Court Clerk

Role and Authority: The Clerk of the Court has various administrative and judicial duties:

• Administer oaths and solemn declarations or affirmations
• Tax bills of expenses according to the current scale of fees (subject to review by a Judge in Chambers)
• Open, adjourn, and close the Court
• Hear, determine, and order judgment in undisputed contract cases within the Court’s jurisdiction
• Hear, determine, and give judgment in default of appearance by either party in the same matters at the next general or special sitting of the Court

The Clerk may refer any application to a Judge for determination and does not have the authority to hear or decide any judgment debtor, garnishee, or interpleader summons.

Service of Process

Summons and Service Within Antigua and Barbuda: A writ of summons must be served within Antigua and Barbuda at least six days before the defendant’s required appearance date. If service is not possible within this timeframe, it must be made no later than twelve days before the appearance date. The summons should be delivered to the defendant, their attorney on record, or a proper person at the defendant’s usual or last known place of abode or business.

Service Outside Antigua and Barbuda

If service is to be made outside the country or cannot be made as described above, the Clerk may order service in a manner they deem appropriate. When service is made within Antigua and Barbuda, the original writ, order, or document must be promptly returned to the Court.

Hearing and Judgment

After service, the defendant need not enter an appearance to the writ. The suit will be heard and decided summarily without written pleadings. However, the judge can direct the plaintiff to provide more information about their claim or file a written statement within a specified time.

Defenses and Counterclaims

Raising Special Defenses: A defendant must provide the plaintiff and their attorney with at least seventy-two hours’ written notice before raising special defenses such as set-off, illegality, want of consideration, or limitation of the suit.

Failure to Appear If the plaintiff fails to appear for the hearing, the Court may enter a judgment of nonsuit or postpone the hearing at its discretion. If the defendant fails to appear and proper service is proven, the Court may proceed ex parte or adjourn the case for further proceedings. A defendant against whom an ex parte judgment has been entered may apply to set aside the judgment if they have a meritorious defense.

Splitting Causes of Action

No single cause of action shall be split into two or more separate actions to bring the cases within the Court’s jurisdiction. If the Court finds that the plaintiff has split their cause of action, the Court shall dismiss the action without prejudice.

Set-off and Counterclaims If a defendant successfully raises a set-off or counterclaim against the plaintiff’s claim, the Court may enter judgment for the defendant for the amount of the set-off or counterclaim or grant the defendant any other relief they are entitled to on the merits of the case.

Conclusion

Understanding the court system, jurisdiction, and process service rules in Antigua and Barbuda is essential for anyone involved in legal matters in this Caribbean nation. This guide has provided an overview of the key aspects of the judiciary, including the structure of the courts, the powers of the Court Clerk, and the procedures for serving summons and other legal documents. By familiarizing oneself with these rules and laws, individuals can better navigate the legal system and ensure proper service of process in Antigua and Barbuda.

“Quality is never an accident; it is always the result of high intention, sincere effort, intelligent direction, and skillful execution; it represents the wise choice of many alternatives”– Foster, William A

Sources

1. LAWS OF ANTIGUA AND BARBUDA, CHAPTER SIX, CAP. 420) SUMMARY JURISDICTION

2. The court mostly addresses any party touching any matter of debt, breach of covenant or contract or promise, injury to the person, or other matter, provided the debt or damages or balance sought to be recovered shall not exceed three thousand dollars

3. The Court does have jurisdiction in any situations involving ‘rules of equity, and where there is a dispute between the Law and the rules of equity, the rules of equity shall dominate and control the proceedings before the Court.

4. The Court may order the boundary or any points therein which may be in dispute to be ascertained and reproduced on a plan in order to determine the extent of any trespass, the proper determination of the issues in dispute before it, or for any other reason. 

(2) Each party to the action must deposit with the Clerk his pro rata share of the expenditures of the survey before the survey is undertaken, and the Clerk shall distribute the funds to the parties as part of the costs of the action.

(3) Once completed, the plan must be filed with the Clerk, and the parties to the case may cross-examine the surveyor on its contents.

If the plaintiff does not pay his portion of the survey costs within 30 days of the court’s order, the case will be dismissed. However, if the plaintiff applies to the court and pays his portion of the costs within 21 days of the dismissal, the case can be reinstated.

If the defendant fails to pay his share of the costs within the allotted time and the plaintiff is willing to pay them on his own, then the Court may, after notice to the defendant, allow the plaintiff to deposit the entire cost of the survey with the Clerk, and the defendant will not be entitled to the costs of the action if he wins.

5. Civil actions that fall within the jurisdiction of Magistrates as defined by any Act now in effect in Antigua and Barbuda.

1. Trespass and property ownership disputes must be resolved by the court, which must have complete authority and jurisdiction over such matters.
2. Determine cases of trespass and land title if the amount in dispute does not exceed $3,000 without a jury trial.
3. But if the defendant contests the property’s worth, the judge may investigate and determine it before taking the case. That assessment will be binding for the purposes of determining whether or not the judge has jurisdiction.

6. Unless the presiding Judge certifies that the suit was a fit and proper one to be instituted in the High Court, or unless the same was so instituted under the last preceding section, the plaintiff in any action brought in a court established by this Act shall be responsible for all costs of the action; provided, however, that nothing in this subsection shall apply to actions seeking unliquidated damages if the amount recovered does not exceed $500.

7. The clerk is also authorized to issue summonses and to hear and dispose of in Chambers all such unopposed applications arising in any case; 

1. To exercise the powers conferred on a Judge by section 41 in all cases where he shall, under the powers conferred by the last preceding subsection, order judgment;
2. In all cases where he shall, under the powers conferred by the last preceding subsection, order judgment, to exercise the powers conferred on a Judge by section 41; and 
3. To exercise the powers conferred.

8. otherwise, it shall be returned at such time as the Clerk may especially direct, with an indorsement thereon, in all cases, of the place, time, and mode of service.

9. If the defendant does raise a special defense like ‘set off,’ ‘illegality,’ ‘want of consideration,’ or ‘the limitation of the suit,’ the plaintiff and his attorney will need to agree to the special defense, or the court will have to grant leave for the defendant to raise the special defense.

10. All applications to the Court or in Chambers, which may be necessary for any suit, may be made verbally and without any preliminary formality. Any executor or administrator may sue or be sued in the Court, and judgment and execution shall be such as, in the like case, would be given or issued in the Supreme Court.

11. Mutual debts and liquidated demands may be set off against each other. Where a defendant raises a defense by way of set-off that the Court determines is not admissible as set off, the Court may, on his application, either before or at the hearing, give him liberty to withdraw such defense and to bring a cross-suit, and may make such order for the hearing of the suit and cross-suit, together or otherwise, on such terms, as to costs.

12. Whenever any action or proceeding before the Court involves matters of an account that cannot be conveniently investigated ordinarily, the Judge may, with the consent of both parties, refer such matter of account to any competent person for a report thereon, and may, from time to time, remit such report to the referee for reconsideration, and may determine the action or proceeding before the Court in accordance with the report. Any cash awarded by the judge as compensation for the referee may be considered costs in the case and must be paid by the prevailing party at the dates and in the amounts specified by the court. This obligation may be enforced in the same way as the need to pay other costs.

13. Upon the application of the plaintiff in action for the detention of any chattel, the Court may, at its discretion, issue an order for the specific delivery of the chattel in question without giving the defendant the option of paying the value assessed or otherwise agreed upon; and, in case the defendant refuses to comply with such order, the Court may order him to be imprisoned for any term, not exceeding three months, and execution may be issued against him.