Dear Mr. Editor
Happy New Year. I read a letter in the Sunday Chronicle December 31, 2023 by Mr. Robin Singh appearing under the headline, “For too long persons abroad have acted as though they are beyond our laws”.
He quoted a Canadian case, Pieters v Guyana National Newspapers Limited 2020 Cam Can LI 107882 (ON SC) and stated that he “would hasten to advise our local judiciary to adopt the precedent soonest.” This case was from the Ontario Superior Court of Justice. It is a persuasive authority but not a binding precedent.
In the High Court case 2020-HC-DEM-CIV-FDA-568 between Msenga Jones v Gecom et al, an application for judicial review Madam Chief Justice (Ag) Roxane George stated inter alia that “Apart from res judicata under the common law system, applying the principle of stare decisis, I am bound to follow the decisions of the CA and ultimately the apex court, the CCJ.”
Mr. Singh also stated that “As local lawyers Roysdale Forde and Darren Wade continue to defy logic and common sense in asserting that the ‘service’ of Guyanese court summons cannot be effected in the United States.”
A Magistrate is a creature of statute and that is such a fundamental principle of law that one can always not think there would be any ignorance, much fewer questions about it. Unfortunately, that is not so.
A Magistrate’s powers and duties emanate and are limited to the provisions of the Summary Jurisdiction (Magistrates) Act Cap 3:05.
Section 68 (1) of the Summary Jurisdiction (Magistrates) Act Cap 3:05 states:
“All summonses, warrants, orders, judgments, writs of execution or other process or proceedings, whether civil or criminal, issued or taken by or by the authority of any magistrate respecting any matter within his jurisdiction shall have full force and effect and may be served or executed anywhere within Guyana (emphasis mine) by a bailiff of the court by the police or other constable to whom they are directed, or by any other police or other constable, as the case may be.”
There is no ambiguity in this section and a Magistrate acting within the provisions of the Summary Jurisdiction (Magistrates) Act Cap 3:05 does not have the authority to issue a summons to be served on someone outside of Guyana.
Yours truly,
Dawn Cush
