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LAWS OF GUYANA
High Court Cap. 3:02 3
CHAPTER 3:02
HIGH COURT ACT
ARRANGEMENT OF SECTIONS
PRELIMINARY
SECTION
1. Short title.
2. Interpretation.
PART I
THE HIGH COURT
A—CONSTITUTION AND JUDGES
Constitution
3. The High Court of Guyana.

4. Description, use and custody of seals.
5. Qualification for appointment as Puisne Judge.
6. Prohibition against holding other office.
7. Concurrent sittings.
B—OFFICERS
Registrar and Clerks
8. Registrar and Deputy Registrar.

9. Duties of Deputy Registrar and sworn clerks.
10. Administration of oaths by Registrar.
11. Executive officers of the Court.
12. Duties of marshals.
Liability of Officers
13. Liability of marshals.
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4 Cap. 3:02 High Court
Commissioners
SECTION
14. (1) Appointment and powers of commissioners of the Court.
(3) Enforcement of order to be executed before a commissioner.
(4) Incidental powers of commissioner.
(5) Control of commissioners and their proceedings.
(6) Protection of commissioner.
15. Employment of experts and referees.
16. Duties of officers of the Court generally.
C—JURISDICTION AND LAW
17. Jurisdiction and functions.

18. (1) Original jurisdiction.
(3) Powers of single judge in court or chambers.
19. Criminal jurisdiction.
20. Jurisdiction on appeals from magistrates.
Admiralty Jurisdiction
21. Admiralty and prize jurisdiction.
Miscellaneous Jurisdictions
22. Power to reduce interest.

23. Injunction and appointment of receivers.
24. Powers to make orders in cases not provided for.
25. Extent of remedies.
D—SITTINGS AND VACATIONS
Times of Sitting
26. Sittings of the Court.

27. Ordinary sittings of the Court in its criminal jurisdiction.
28. Special sitting of the Court in its criminal jurisdiction.
29. Continuance of sittings and adjournments.
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Places of Sitting
SECTION
30. Places of sitting of the Court in Demerara, Essequibo and
Berbice.
31. Holding of sittings in other places.
32. General business of the Court.
33. Attendance of police at sittings.
34. Vacation and holidays.
35. Delivery of judgment in vacation.
E—PRACTICE AND PROCEDURE
Regulation
36. Regulation of practice and procedure.
Administration of Estates
37. (1) Application for direction of the Court.

(2) Protection where the direction is followed.
(3) Jurisdiction and powers of the Court.
(4) Mode of application.
(5) Notice of application.
Execution of Process
38. (1) Persons by whom process may be executed.

(3) Onus of proof of want of authority to lie on person served.
(4) Keeping of list of persons authorised to serve process.
39. Authentic return of service.
40. Service of process.
41. Execution of warrants.
42. Service of process by bailiffs.
43. Procedure by Registrar.
44. Endorsation on writ.
45. Clerks and bailiffs officers of Court.
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Fees and Costs

SECTION
46. Fees and costs generally.
47. Disallowance of costs in certain cases.
48. Fees for arrests and apprehensions.
49. Fees in State cases.
50. Place of payment of fees.
51. (1) Fees for recovery of State or Municipal taxes.
(2) Saving.
52. Keeping of cash fee books.
53. Regulations relating to fees.
Unclaimed Moneys
54. (1) Furnishing of half-yearly lists of unclaimed moneys.

(2) Paying over moneys.
(3) Discharge for moneys paid over.
55. Effect of moneys remaining unclaimed for five years.
56. Claim to moneys paid over.
57. Default of Registrar. Penalty.
Distribution of Business
58. Distribution of business among the judges.
Rules of Court
59. Rules of Court.

60. Power to make rules as to proof.
MISCELLANEOUS
61. Restriction on officers’ purchase of property sold at execution.

62. Jurisdiction over foreigners.
63. Restriction on institution of vexatious actions.
64. Arrest in certain circumstances of defendant about to quit
Guyana.
65. Procedure in case of imprisonment.
66. Saving of jurisdictions.
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PART II
THE FULL COURT OF THE HIGH COURT
CONSTITUTION
SECTION
67. Constitution of Full Court.
68. Sitting of Full Court in more than one division.
69. Appointment of a third judge.
70. Judge must not sit on appeal from himself.
JURISDICTION
(i) Appeals from the Court
71. Appeal from decision of single judge.
(ii) Appeals from Magistrates
72. Appeals from decisions of Magistrates.
(iii) Power of judge to state a case
73. Reservation of questions of law.
(iv) Procedure
74. Procedure.
(v) Cases Where Decision Final
75. Decision final in cases in Schedule.

76. Amendment of Schedule.
SCHEDULE—Cases where decision final.
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CHAPTER 3:02
HIGH COURT ACT
10 of 1915 An Act to confer jurisdiction and powers on the High Court, to

regulate its sittings, practice and procedure and to provide
for the appointment of officers of the Court and for other
matters relating to the Court.
[12TH MARCH, 1915]
PRELIMINARY
Short title. 1. This Act may be cited as the High Court Act.
Interpretation. 2. In this Act and in rules of court—
“action” means a civil proceeding commencing by filing a claim or in any

other manner prescribed by rules of court, and includes a suit, but
does not include any criminal proceeding at the suit of the State;
“cause” includes any action or other original proceeding between a

plaintiff and a defendant, and any criminal proceeding at the suit of
the State;
“the Court” means the High Court constituted by this Act, and includes
a judge when exercising any of the jurisdictions conferred on him
by this Act, by any other Act, or by the rules;
“defendant” includes every person served with any writ of summons or

other process, or served with notice of or entitled to appear in any
proceeding;
“existing” means existing immediately before 26th May, 1966;
“judge” means a judge of the Court and includes the Chief Justice;
“the marshal” means the Registrar and includes any marshal of Guyana;
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“matter” includes every proceeding in the Court not in a cause;
“party” includes every person served with notice of or appearing in any

proceeding, although not named on the record;
“plaintiff” includes every person asking any relief (otherwise than by

way of counter-claim as a defendant) against any other person by
any form of proceeding, whether the proceeding is taken by action,
petition, motion, summons, or otherwise;
“pleading” includes the statement in writing of the claim of a plaintiff, and

of the defence of any defendant thereto, and of the counter-claim
of a defendant, and of the reply of the plaintiff, and any subsequent
pleadings, and also any petition, citation or summons;
“the Registrar” means the Registrar of the Court;
“the registry” means the registry of the Court and includes the branch
thereof formerly known as the Provost Marshal’s office;
“the rule-making authority” means the persons in whom is vested the

power to make rules of court;
“rules of court” means the rules and orders made under this Act, or
under any Act conferring the power to make rules of court.
PART I
THE HIGH COURT
A—CONSTITUTION AND JUDGES
Constitution
3. (1) The Court shall consist of the Chief Justice, who shall be the The High
President thereof, and any number of Puisne Judges not exceeding such Court of
maximum as may be prescribed from time to time by order of the Guyana.
[21 of 1978]
President.
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(2) The puisne judges rank between themselves according to the

date of their respective appointments.
(3) The Court shall be deemed to be duly constituted during and

notwithstanding any vacancy in the office, or absence from Guyana, of
any judge.
(4) Notwithstanding anything to the contrary in subsection (1),

any judge of the Court of Appeal may, on request of the Chancellor, and
with the consent of the judge, sit as an additional judge of the High Court.
(5) Every judge of the Court of Appeal who sits as an additional

judge of the High Court under this section shall, during the time he so sits,
have all the jurisdiction and powers of a judge of the High Court, but shall
not otherwise be deemed to be a judge of the High Court or to have
ceased to be a judge of the Court of Appeal.
(6) Any such additional judge of the High Court shall, although
the period has expired during which his attendance was requested,
attend the sittings of the High Court for the purpose of giving judgment
or doing any other thing in relation to any case which may have been
heard by the High Court during his attendance on the High Court.
Description, 4. (1) The Court shall use the seal and duplicate seals of the
use and Supreme Court as occasion may require for the stamping of documents
custody of
seals. in or issuing from the court.
(2) The seal of the Supreme Court shall have a device or

impression approved by the Chancellor with the inscription “the
Supreme Court of Judicature of Guyana”.
(3) Every document which may be required by law or by the

practice of the Court to be sealed shall be sealed with the seal of the
Supreme Court or one of its duplicate seals, of which there shall be such
number as the Chancellor considers necessary.
(4) The Registrar shall have the custody of the seal of the
Supreme Court to be used in the county of Demerara.
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(5) The officers of the Court nominated for that purpose by the
Registrar shall have the custody of duplicate seals of the Supreme Court
to be used in the counties of Essequibo and Berbice, respectively.
5. The period for which a person is required to have been qualified Qualification
for admission as an advocate under article 129(1)(b) of the Constitution for appoint-
ment as Puisne
for the purpose of qualification for appointment to hold or act in the office Judge.
of a Puisne Judge, shall be seven years. [O. 80/1980]
6. A judge shall not accept or perform any other office or place of Prohibition
profit or emolument not authorised by law without the consent of the against holding
other office.
President: [O. 80/1980]
Provided that this subsection shall not apply to a judge temporarily

appointed under article 128(2) of the Constitution.
7. Two or more of the judges may sit apart at the same time for any Concurrent
purpose in respect of which a single judge may exercise jurisdiction. sittings.
B—OFFICERS
Registrar and Clerks
8. There shall be a Registrar and Deputy Registrar of the Supreme Registrar and
Deputy
Court.
Registrar.
9. (1) The Deputy Registrar shall, subject to the general or special Duties of
directions of the Registrar, assist the Registrar in carrying out his Deputy
Registrar and
functions and the Deputy Registrar shall, in the exercise of his office, sworn clerks.
have all and singular the like authorities, powers, duties, immunities and [2 of 1993]
liabilities as the Registrar, except where otherwise provided by rules of
court; and every sworn clerk and assistant sworn clerk of the registry
shall perform those duties in connection with the Court and with judicial
business which the Registrar, subject to the approval of the Court,
assigns to him:
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Provided that no person shall be appointed a sworn clerk until he has

been examined by and obtained a certificate of competency from an
examining board consisting of the Chief Justice, the Registrar and the
State Solicitor or of any two of them, who are hereby empowered and
required to hold an examination whenever necessary.
(2) The Registrar and the Deputy Registrar shall be deemed to

be ex-officio sworn clerks.
(3) Notwithstanding anything in subsection (1) a person who—
(a) is an attorney-at-law and who within a period of five

years prior to his qualifying as such had at least one year’s
experience as an assistant sworn clerk in the registry; or
(b) is an attorney-at-law of not less than one year’s
standing,
may be appointed a sworn clerk for such time as he may hold a public
office in the registry.
(4) For the purposes of subsection (3) “attorney-at-law” has the

c. 4:01 same meaning as in the Legal Practitioners Act.
Administration 10. The Registrar and the sworn clerks and assistant sworn clerks
of oaths by thereto authorised by the Court shall have power to administer oaths and
Registrar.
take affidavits, and to take solemn affirmations or declarations in lieu of
oaths.
Executive 11. The Registrar shall be the chief executive officer, and every
officers of the marshal shall be an executive officer of the Court.
Court.
Duties of 12. (1) Every marshal shall be under the control and be responsible
marshals. to the Registrar and shall, in addition to the duties and liabilities imposed
on him by any written law, perform the duties required of him by the
Registrar subject to the direction and approval of the Chief Justice.
(2) The Registrar shall cause at least one marshal to be resident

in the county of Essequibo.
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Liability of Officers
13. Every marshal shall be liable for all losses, damages, costs, Liability of
charges, and expenses, had and suffered by any person from or by marshals.
reason of any irregularity, informality, omission, or neglect of duty by
him, and may be sued in any manner and form applicable to the
circumstances of the case, for the recovery of those losses, damages,
costs, charges, or expenses:
Provided that, in that suit, the marshal shall be entitled to the

protection given to justices by the Justices Protection Act. c. 5:07
Commissioners
14. (1) The Court may appoint, by an instrument or instruments Appointment

under the seal of the Court, the requisite number of fit and proper persons and powers of
commissioners
to be commissioners of the Court for taking affidavits and declarations
of the Court.
in any cause or matter and, when authorised thereto by a special order
of the Court or a judge, for taking the examination of witnesses or
receiving production of documents.
(2) Any appointment made under this section may at any time be
cancelled by the Court by an instrument under the seal of the Court.
(3) Any order of the Court for the attendance and examination Enforcement
of witnesses or production of documents before a commissioner within of order to be
executed
the jurisdiction of the Court may be enforced in the same manner as an before a
order to attend and be examined or produce documents before the commissioner.
Court.
(4) Subject to any special directions of the Court, a Incidental

commissioner, when and so far as necessary for performing any duty powers of
commissioner.
which he is authorised to perform, shall be deemed to have and may
exercise the incidental powers of a judge.
(5) Every commissioner shall be subject to the order and Control of

direction of the Court as fully as any other officer of the Court, and every Commission-
proceeding before a commissioner shall be subject to the direction and ers and their
proceedings.
control of the Court.
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Protection of (6) No action shall be brought against a commissioner in respect

commissioner. of any act or order bona fide done or made by him in the execution or
supposed execution of the jurisdiction and powers vested in him, but
every act or order, if in excess of that jurisdiction and those powers, shall
be liable to be altered, amended, reversed, or set aside on summary
application to the Court.
Employment 15. (1) The Court may, when it thinks fit, obtain the assistance of
of experts and accountants, actuaries, or other qualified persons, to assist it to
referees.
determine any question at issue in any cause or matter before the Court,
and may refer any question depending upon matters of account to the
accountant of court or some other accountant for determination or
investigation and report.
(2) The Court may allow reasonable fees and expenses to any of
those persons, to be taxed as costs in the cause or matter.
Duties of 16. Subject to the provisions of this Act and of any other written law,
officers of the all officers of the Court shall perform in connection with the Court duties
Court
similar or analogous to those performed by them immediately before
generally.
26th May, 1966.
C—JURISDICTION AND LAW
Jurisdiction 17. Subject to the provisions of the Guyana Independence Order and
and functions. of any other written law for the time being in force, the Court shall have
and may exercise all such jurisdiction, authorities and powers, and shall
discharge the like functions, as belonged or were incident to the Supreme
Court of British Guiana immediately before the 26th May, 1966.
Original 18. (1) Subject to any written law, every action and proceeding and
jurisdiction. all business arising therefrom shall, so far as is practicable and
convenient, be heard, determined, and disposed of before a single judge,
and all proceedings in an action subsequent to the hearing or trial and
down to and including the final judgment or order, except any
proceedings on appeal, shall, so far as it is practicable and convenient,
be had and taken before the judge before whom the trial or hearing took
place.
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(2) For the purpose of those proceedings a single judge shall be

vested with and may exercise the whole of the original jurisdiction of the
Court.
(3) A single judge may, subject to rules of court, exercise in court Powers of
or in chambers all or any part of the jurisdiction vested in the Court. single judge in
court or
chambers.
19. The criminal jurisdiction by this Act vested in the Court, not being Criminal
the jurisdiction in respect of the Full Court, shall, together with all the jurisdiction.
powers incident thereto, be exercised by a single judge sitting with a jury,
or by a single judge sitting apart or in chambers, as the nature of the case
may require:
Provided that nothing in this section shall affect any right of the
Director of Public Prosecutions to demand a trial at bar in any criminal
cause.
20. The Court shall have and exercise an appellate jurisdiction in all Jurisdiction on
cases in which by law an appeal lies to the Court from any decision of appeals from
magistrates.
a magistrate in the exercise of his jurisdiction.
Admiralty Jurisdiction
21. The High Court shall be a Court of Admiralty and its admiralty Admiralty and
jurisdiction shall be over the like places, persons, matters and things as prize jurisdic-
tion.
the Admiralty jurisdiction of the Supreme Court of British Guiana
immediately before the 26th May, 1966, and shall be a permanent court
of unlimited jurisdiction in matters of prize and subject to rules of court,
shall exercise its jurisdiction under this section in accordance with the
same rules and principles and shall have the same regard to international
law and to the comity of nations as the Supreme Court of British Guiana
in the exercise of its corresponding jurisdiction before the said date.
Miscellaneous Jurisdictions
22. Where an agreement for the payment of interest is sought to be Power to

enforced, and the Court is of opinion that the rate agreed to be paid is reduce interest.
excessive and ought not to be enforced by legal process, the Court
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may give judgment for the payment of interest at the rate that it thinks
just.
Injunction and 23. (1) Subject to rules of court, a mandamus or injunction may be
appointment granted, or a receiver appointed, by an order of the Court in all cases in
of receivers.
which it appears to the Court to be just or convenient that that order
should be made.
(2) The order may be made either unconditionally or upon the

terms and conditions which the Court thinks just.
(3) If the order is asked for either before, or at, or after, the trial
or hearing of any cause or matter to prevent any threatened or
apprehended waste, injury, or trespass, it may be made, if the Court
thinks fit, whether the person against whom it is sought is or is not in
possession under any claim of title or otherwise, or (if not in possession)
does or does not claim a right to do the act sought to be restrained under
any colour of title, and whatever may be the nature of the interest
claimed by all or by any of the parties.
Powers to 24. Subject to the provisions of any written law, the Court may in any
make orders in cause or matter make any order as to the procedure to be followed or
cases not
otherwise which the Court considers necessary for doing justice in the
provided for.
cause or matter, whether that order has been expressly asked for by the
party entitled to the benefit thereof or not.
Extent of 25. The Court shall, in every cause or matter pending before it, have
remedies. power to grant, and shall grant, either absolutely or on such reasonable
terms and conditions as the Court may think just, all the remedies or relief
whatsoever to which any of the parties appear to be entitled in respect
of any and every claim properly brought forward by him or them
respectively in the cause or matter; so that, as far as possible, all matters
so in controversy between those parties respectively may be completely
and finally determined, and all multiplicity of proceedings concerning any
of those matters avoided.
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D—SITTINGS AND VACATIONS
Times of Sitting
26. (1) Subject to the provisions hereinafter contained, the Court and Sittings of the
the judges respectively shall have power to sit and act at any time for the Court.
transaction of any part of the business of the Court or judges, or for the
discharge of any duty which by law is required to be discharged by it or
them, but for greater convenience periodical sittings shall be appointed
by rules of court.
(2) If any of the days appointed for any sitting is dies non, the
sitting shall commence on the next following lawful day.
(3) Judgments and orders may be given and made at any place
and time at which the Court is sitting, whether at the place where and
during the sittings at which the cause or matter was heard or otherwise.
27. The Court shall hold sittings in the exercise of its criminal Ordinary
jurisdiction in every year in each of the counties of Demerara, sititngs of the
Court in its
Essequibo, and Berbice as follows, that is to say—
criminal
jurisdiction.
(a) in the county of Demerara, on the second Tuesday in
January, the first Tuesday in April, the first Tuesday in June,
and the first Tuesday in October;
(b) in the county of Essequibo, on the third Tuesday in
February, the third Tuesday in May, and the fourth Tuesday
in October; and
(c) in the county of Berbice, on the first Tuesday in
February, the third Tuesday in June, and the third Tuesday in
October;
but the Chancellor may by notice published in the Gazette suspend or

postpone any of those sittings.
28. The Chancellor may by notice published in the Gazette direct a Special sitting
special sitting of the Court in the exercise of its criminal jurisdiction to of the Court in
its criminal
be held at the place and time and for the purposes specified in the notice.
jurisdiction.
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Continuance of 29. (1) Every sitting of the Court shall be continuous until the
sittings and business before it has been disposed of or it is adjourned to some future
adjournments.
day.
(2) The Court, or, in the absence of the judges or a judge, the
Registrar or a sworn clerk or assistant sworn clerk, subject to any
direction of the judges or a judge, may adjourn any sitting of the Court
for any convenient time.
(3) If, on the opening or any other day of any sitting of the Court,
the judges or a judge are or is unable or fail or fails to attend, the Court
shall stand adjourned de die in diem until the judges or a judge shall
attend or until it is adjourned or closed by their or his order.
(4) The Registrar may, subject to the direction of the judges or a

judge, by notice published in the Gazette not less than five days before
the day appointed for any sitting of the Court for the trial or hearing of
civil causes or matters, postpone that sitting to any day mentioned in the
notice.
Places of Sitting
Places of 30. The Court shall sit at the following places, that is to say—
sitting of the
Court in
(a) in the county of Demerara, at the Law Courts in the
Demerara,
Essequibo and City of Georgetown;
Berbice. (b) in the county of Essequibo, at the Court House at
Suddie; and
(c) in the county of Berbice, at the Court House in the town
of New Amsterdam:
Provided that the Court may sit at such other place as may be
specified by the Chancellor by notice published in the Gazette as being
a place at which a sitting or sittings of the Court may be held.
Holding of 31. (1) Where it is from any cause impracticable or inconvenient to

sittings in hold a sitting of the Court at any place mentioned in the preceding
other places.
section, the Chancellor may direct the sitting to be held at some other
place in the same county.
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(2) Nothing in the preceding section shall be construed to prevent

the Chancellor from directing any special sitting of the Court in the
exercise of its criminal jurisdiction to be held at a place other than a place
mentioned in that section.
32. The registry of the Court shall be open throughout the year for the General
transaction, subject to rules of court, of the general legal business business of the
Court.
pending in the Court, excepting on any public holiday.
33. The Commissioner of Police shall cause a sufficient number of Attendance of

police constables to attend for the purpose of assisting in the police at
sititngs.
preservation of order and for the keeping of prisoners in custody at every
sitting of the Court in the exercise of its criminal jurisdiction and, if so
required in writing by any judge, at any other sitting of the Court.
34. (1) In every year the period from the 1st July to the 31st August, Vacation and
inclusive, or any other period appointed by rules of court, shall be holidays.
observed as a vacation by the Court, but this enactment shall not extend [14 of 1988]
to prevent or preclude any sitting of the Court in the exercise of its
criminal, appellate, insolvency, or admiralty jurisdictions or, in any case
the Chancellor so directs, in the exercise of its civil jurisdiction:
Provided that nothing in the foregoing provisions of this subsection

shall be deemed to affect a judge’s conditions of service in relation to
vacation leave or leave of absence.
(2) The holidays to be observed or kept by the Court shall, in

addition to the vacation, be all public holidays and Saturdays.
35. (1) Any judge may during the vacation deliver judgment or make Delivery of
an order in any cause or matter then awaiting the decision of the Court, judgment in
vacation.
and where any judge who took part in the trial or hearing of the cause
or matter is absent from Guyana, or is otherwise unable to be present at
the time when judgment is so delivered or the order made, the reasons
of the judge so absent may at that time be read by any judge and entered
in the minute book of the Court.
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(2) Every judgment delivered or order made under this section

shall have the same force and effect as if it had been delivered or made
during the ordinary sitting of the Court.
E—PRACTICE AND PROCEDURE
Regulation
Regulation of 36. (1) The practice and procedure of the Court shall, subject to any
practice and other written law, be regulated by this Act and by rules of court, and in
procedure. the absence of any provision shall correspond to the practice and
procedure of the Supreme Court of British Guiana (including the Court
when exercising its admiralty jurisdiction) immediately before 26th May,
1966.
(2) Subject to subsection (1), the Court may in any cause or

matter make any order as to the practice and procedure to be followed
which the Court considers necessary for doing justice in the cause or
matter, whether that order has been expressly asked for by the party
entitled to the benefit thereof or not.
Administration of Estates
Application 37. (1) Any guardian of the person or estate, any executor or
for direction of administrator, and any person appointed or required to administer the
the Court.
property of another for the benefit of the other, may apply to the Court
for its opinion, advice, or direction on any question respecting the
management or administration of that property or respecting his conduct
as guardian, executor, administrator, or person aforesaid.
Protection (2) Every guardian, executor, administrator, or person aforesaid,

where the acting upon the opinion, advice, or direction given by the Court, shall be
direction is deemed, so far as regards his own responsibility, to have discharged his
followed.
obligations and his duty as that guardian, executor, administrator, or
person in the subject matter of the application:
Provided that this section shall not extend to indemnify any guardian,
executor, administrator, or person aforesaid in respect of any act done
in accordance with the opinion, advice, or direction of the Court, if he
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has been guilty of any fraud or wilful concealment or misrepresentation

in obtaining that opinion, advice or direction.
(3) The Court shall have full jurisdiction to entertain and shall Jurisdiction
dispose of all or any of the following questions or matters, that is to say— and powers of
the Court.
(a) any question affecting the rights or interests of the

person claiming to be creditor, devisee, legatee, heir, or
person beneficially interested;
(b) the ascertainment of any class of creditors, legatees,
devisees, heirs, or others;
(c) the furnishing of any particular accounts by the
guardian, executor, administrator, or person administering as
aforesaid, and the vouching, when necessary, of those
accounts;
(d) the payment into the registry of any money in the hands
of the guardian, executor, administrator, or person aforesaid;
(e) directing the guardian, executor, administrator, or
person aforesaid to do or abstain from doing any particular act
in that character;
(f) the approval of any sale, purchase, compromise, or
other transaction; and
(g) the determination of any question arising in the
administration of the property or in the performance of any
duty by the guardian, executor, administrator, or person
aforesaid.
(4) An application under this section may be made in the manner Mode of
provided by rules of court, and, in the absence of any special provision application.
thereby may be made by petition.
(5) Notice in the first instance shall be served on the following Notice of
persons, that is to say— application.
(a) where the application is made by a guardian, executor,

administrator, or person aforesaid—
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(i) for the determination of any question under

subsection (3)(a), (e), (f) or (g), the persons or one of the
persons whose rights or interests are sought to be affected;
(ii) for the determination of any question under
subsection (3)(b), any member or alleged member of the
class;
(iii) for the determination of any question under
subsection (3)(c), any person interested in taking the
accounts;
(iv) for the determination of any question under
subsection (3)(d), any person interested in the money;
(v) if there are more guardians, executors, administra-
tors, or persons aforesaid than one, and they do not all
concur in the application, those who do not concur; and
(b) where the application is made by any person other than

the guardian, executor, administrator, or person aforesaid,
that guardian, executor, administrator, or person.
(6) The Court may direct any other persons it thinks fit to be
served with notice of the application.
Execution of Process
Persons by 38. (1) All process in civil cases, except arrests of the person and
whom process proceedings in execution after summation, and all process in criminal
may be
cases, except execution in cases of forfeited recognisances, may be
executed.
served by anyone authorised by the Registrar to do so.
(2) The term “process,” as herein used, includes all proceedings

whatever involving service of any document on any party, witness, or
other person concerned in any of those proceedings.
Onus of proof (3) The authority from the Registrar of anyone appearing to have
of want of served any process aforesaid need not be proved; but anyone objecting
authority to lie
to the authority of that person shall be at liberty to prove the want of that
on person
served. authority.
LAWS OF GUYANA
(4) There shall be kept in the registry a correct list of the persons, Keeping of list
not being marshals, who have that authority; and anyone objecting to the of persons
authority of any of those persons to serve any process, may produce the authorised to
serve process.
original of that list, or a copy thereof, signed as a true copy by the
Registrar or any marshal, or by any sworn clerk or assistant sworn clerk;
and if the name of the person does not appear on the list or copy, he shall
be deemed not to have the authority.
39. (1) Every return of service appearing to be signed by the Authentic

Registrar, or by any marshal, shall, as heretofore, be received by all return of
service.
courts as authentic, without any proof.
(2) Every return of service appearing to be signed by any other

person purporting to be authorised by the Registrar shall, if verified by
the affidavit of that person, sworn before any justice of the peace, be
received by all courts as authentic.
(3) The affidavit purporting to be so sworn shall be taken to have

been properly sworn before a justice of the peace, without proof of the
fact of its having been so sworn, or of the fact of the person before whom
it appears to have been sworn being a justice of the peace, or of the
signature either of the deponent or of the justice:
Provided that any person seeking to disprove either of those facts,

or the genuineness of either of those signatures, shall be at liberty to do
so.
40. (1) Nothing contained in any written law shall be construed to Service of
prohibit the service of process, or the mode of making return of service process
authorised by this Act.
(2) The Registrar may give special permission in writing to any

person, who is authorised to serve process in civil cases under section
38, notwithstanding the provisions of that section, to execute fiats,
issuing out of the registry, and generally to carry out any process of
execution thereon, in any part of Guyana other than the City of
Georgetown or the town of New Amsterdam in the same way as a
marshal is by law authorised to do.
L.R.O. 3/1998
LAWS OF GUYANA
Execution of 41. Warrants of arrest issued under this Act, shall be addressed to
warrants. and be executed by a marshal.
Service of 42. (1) Every bailiff of a magistrate’s court shall be, and have all the
process by powers of, a marshal for the purposes of serving any process, or
bailiffs.
executing any judgment of the court in its civil jurisdiction, or any other
process which the law requires to be served or executed by a marshal,
and all matters connected therewith.
(2) The term “process” used in this and the three next succeeding
sections means any step either before or after judgment in any civil
action or other proceeding which involves or includes service of any
document on any party, witness, or other person interested or concerned
therein.
Procedure by 43. (1) When any process is to be served or any judgment executed
Registrar. by any of those bailiffs, the Registrar shall send the writ and other
necessary papers to the clerk of the court to which the bailiff is attached,
who shall hand or send them to the bailiff for the proper action:
Provided that in the district where there is no clerk of the court the
duties imposed by this section shall be performed by the magistrate.
(2) The Registrar shall, together with the writ and other papers,
send—
(i) a list of the writs and other papers sent, which, if it is

correct, shall be initialled by the clerk and returned to the
Registrar;
(ii) envelopes addressed and, if necessary, stamped, for
the return of the writs and other papers;
(iii) a form of the proper endorsation to be made on the
writ or other document in question.
(3) All writs and other papers sent by the Registrar to the clerk
of a magistrate’s court, or by that clerk to a bailiff, or returned by the
bailiff to the clerk, or by the clerk to the Registrar, may be sent or
returned by registered post.
LAWS OF GUYANA
44. The bailiff after taking action shall make the proper endorsement Endorsation on
on the writ and hand it back with any other papers to the clerk of the writ.
court, who shall forthwith return them to the Registrar.
45. All the magistrate’s clerks and all bailiffs shall be officers of the Clerks and
Court in respect of the several duties imposed upon them by the bailiffs officers
of Court.
foregoing provisions.
Fees and Costs
46. (1) The fees and costs payable and allowable in the Court shall Fees and costs
be regulated by rules of court and, where provision is not made by those generally.
rules, the existing tariffs and regulations as to fees and costs shall remain
in force.
(2) Subject to the next succeeding section and to rules of court,

the costs of and incident to any proceeding in the Court shall be in the
discretion of the Court.
47. No costs shall be allowed to a successful plaintiff in any action Disallowance

brought by him in the Court which might have been heard in a of costs in
certain cases.
magistrate’s court in its civil jurisdiction, unless the Court is of opinion
that the action was one which it was expedient to bring in that manner
and certifies accordingly.
48. The fees payable for arrests and apprehensions of the person Fees for
shall belong to the marshals making the arrests and apprehensions. arrests and
apprehensions.
49. (1) No fees shall be payable for any services performed in Fees in State
criminal cases. cases.
(2) With respect to civil cases to which the State may be a party,
the ordinary fees shall be charged, and may be recovered from the
opposite party, but shall not be payable by the State, unless recoverable
from the opposite party.
L.R.O. 3/1998
LAWS OF GUYANA
Place of 50. All fees for services performed in the counties of Demerara and
payment of Essequibo shall be paid at the registry in Georgetown, and all fees for
fees. services performed in Berbice shall be paid at the registry in New
Amsterdam.
Fees for 51. (1) In all cases where it becomes necessary to proceed to
recovery of execution for the recovery of State or Municipal taxes not exceeding in
State or
amount the sum of one hundred dollars, the following and no other fees
Municipal
taxes. shall be chargeable:
[6 of 1997]
$
. For drawing and serving process of summary execution,
including copies of documents served therewith .......... 65.00
For levying on property, including inventory ..................... 130.00
For conditions of sale .................................................... 65.00
For publishing advertisement of sale ............................... 65.00
For commission, one-half per cent on amount of sale .......
For order for execution .................................................. 65.00
For taxing costs, when necessary.................................... 65.00
For attendance at sale ................................................... 65.00
Saving. (2) Nothing in this section shall extend, or be construed to extend,

to bar any claim for distance money, not exceeding one hundred and
thirty dollars, payable for service of process of execution made beyond
the boundaries of the City of Georgetown and the town of New
Amsterdam.
Keeping of 52. (1) There shall be kept in the registry in Georgetown and New
cash fee Amsterdam a cash fee book, in which shall be entered every fee
books.
received in the registry; and the cash fee book shall be in the form
established by the Registrar with the approval of the Minister
responsible for finance.
(2) On or before the third day of each month, the Registrar in

Georgetown and the marshal in New Amsterdam shall respectively
produce those books containing the entries of all fees received during the
last preceding month, to the Minister responsible for finance together
with abstracts thereof, signed by the Registrar and that marshal
respectively, and shall then pay over the amounts of the fees to the
LAWS OF GUYANA
Accountant General, and shall at the same time submit a list of all the
expenses of the registry in Georgetown and New Amsterdam
respectively during the preceding month.
53. The Minister responsible for finance may, from time to time, Regulations
if he deems it expedient, make regulations for checking the amounts relating to fees.
received in the registry in Georgetown and New Amsterdam, and the
entries in the cash fee books kept there; and the Registrar and the
marshals shall be bound to conform with those regulations.
Unclaimed Moneys
54. (1) On the 30th June and 31st December respectively in every Furnishing of
year, or within one week thereafter, the Registrar shall deposit with half-yearly lists
of unclaimed
the Accountant General a list of all moneys, the proceeds of sales of moneys.
property under execution, of which all the instalments have been paid
up, and what moneys have remained unclaimed for three months and
upwards prior to each of those dates.
(2) At the time of depositing the list, the Registrar shall pay Paying over
over all moneys mentioned therein to the Accountant General, and moneys.
shall cause the list to be published in the Gazette and to be re-
published in like manner at the expiration of one month thereafter.
(3) The receipt of the Accountant General, in a book to be kept Discharge for
by the Registrar for that purpose, shall be a sufficient acquittance, moneys paid
over.
discharge, and release to him for all moneys paid over by him to the
Accountant General under this Act.
55. All moneys advertised under the last preceding section which Effect of moneys
remain unclaimed for a period of five years from the time when they remaining
unclaimed for five
came to the hands of the Registrar shall vest in the State for the public years,
use, and all right, title, and interest of every person in and to them shall
be statute-barred.
L.R.O. 3/1998
LAWS OF GUYANA
Claim to 56. Any person claiming any sum of money so paid over may apply
moneys paid to the Registrar for payment thereof, and the Registrar if satisfied that
over. the claimant is entitled to any sum shall so certify to the Minister
responsible for finance and the Minister responsible for finance may
thereupon authorise the payment of the sum so certified:
Provided that nothing herein contained shall be construed to hinder

or prevent the making of provision on the annual estimates for the
payment of any sum of money paid over by the Registrar under this Act
to any person whom he considers to have an equitable claim thereto,
notwithstanding that the claim may be statute-barred.
Default of 57. (1) Any failure on the part of the Registrar to comply with any of
Registrar. the requirements of this Act relating to unclaimed moneys shall render
Penalty.
him liable to a penalty of thirty-two thousand five hundred dollars, to be
[6 of 1997]
sued for and recovered by the Attorney-General in the High Court in its
civil jurisdiction.
(2) The penalty, when recovered, shall be paid into the

Consolidated Fund.
Distribution of Business
Distribution of 58. The Chief Justice may determine the distribution of the business
business before the Court among the judges thereof, and may assign any judicial
among the
judges.
duty to any judge or judges.
Rules of Court
Rules of 59. (1) Rules of court may be made by the Chancellor together with
Court. any four of the following persons who shall form the Rules Committee,
namely—
(a) the Chief Justice;

(b) a Justice of Appeal;
(c) a Puisne Judge;
(d) the Attorney-General or such other Law Officer within
c. 4:01 the meaning of the Legal Practitioners Act as may be
LAWS OF GUYANA
appointed by the Attorney-General from amongst the staff of

his Chambers;
(e) the Registrar;
(f) a practising barrister appointed after consultation with
such body as appears to the Chancellor to represent barristers
in Guyana;
(g) a practising solicitor appointed after consultation with
such body as appears to the Chancellor to represent solicitors
in Guyana.
(2) Every appointment to the Rules Committee pursuant to

subsection (l)(b), (c), (f) or (g) shall be made by the Chancellor.
(3) Rules of court may be made as aforesaid for all or any of the
following purposes—
(a) regulating the sittings of the Court and of the judges in

chambers, and the period to be observed as a vacation in the
Court;
(b) regulating the pleading, practice, and procedure, the
execution of the process, the duties of the officers of the
Court, and the transaction of business during any vacation or
non-session thereof;
(c) regulating matters relating to the costs, and the
taxation thereof, of proceedings in the Court, including the
costs of counsel and solicitors, the expenses of witnesses, and
the fees of the Registrar, and all matters relating thereto;
(d) prescribing any forms to be used in proceedings in the
Court;
(e) fixing the fees and costs to be taken and received in
respect of all matters and proceedings of any kind
whatsoever in any department of the registry of the Court and
the deeds registry, and for regulating the practice and
procedure therein;
(f) prescribing and regulating the remuneration of legal
practitioners in respect of business connected with sales,
purchases, transports, leases, mortgages, settlements and
other matters of conveyancing, and in respect of any other
business not being business in any action, or transacted in any
L.R.O. 3/1998
LAWS OF GUYANA
court, or in the chambers of any judge, and not being

otherwise contentious business; and
(g) regulating, prescribing, and doing any other thing which
may be regulated, prescribed, or done by rules of court.
(4) Every rule made by the rule-making authority under this or

any other Act shall be subject to negative resolution of the National
Assembly.
Power to make 60. The power to make rules of court includes power to make rules
rules as to for regulating the means by which particular facts may be proved and
proof.
the mode in which evidence thereof may be given in any proceedings,
or on any application in connection with or at any stage of any
proceedings.
F—MISCELLANEOUS
Restriction on 61. No officer or person employed in any way whatsoever in the

officers’ registry may or shall, directly or indirectly or by the intervention of a
purchase of
property sold
trustee or otherwise, purchase any property sold at execution; and if that
at execution. officer or person purchases or is interested in the purchase of any
property at an execution sale, he shall be liable to be dismissed from his
office or employment:
Provided that nothing in this section contained shall prevent the

officer or person from purchasing at execution sale any property which
it is necessary for him to purchase in order to protect the interest of
himself, his wife, or his child.
Jurisdiction 62. Subject to any special disability to sue or be sued, any person,
over whether a foreigner or not, and whether domiciled in Guyana or not, may
foreigners.
take proceedings or be proceeded against by action or other proceeding
in the Court in its civil jurisdiction, and the Court shall have full
jurisdiction, power, and authority to try, hear, and determine the action
or other proceeding and to proceed to a final judgment or order and
execution therein.
LAWS OF GUYANA
63. If, on an application made by the Attorney-General under this Restriction on

section, the Court is satisfied that any person had habitually and institution of
vexatious
persistently and without any reasonable ground instituted vexatious legal actions.
proceedings, whether in the Court or in any inferior court, and whether
against the same person or against different persons, the Court may,
after hearing that person or giving him an opportunity of being heard,
order that no legal proceedings shall without the leave of the Court be
instituted by him in the Court or in any inferior court, and such leave shall
not be given unless the Court is satisfied that the proceedings are not an
abuse of the process of the Court or any inferior court and that there is
prima facie ground for the proceedings.
(2) If the person against whom an order is sought under

subsection (1) satisfies the Court that for good and sufficient cause he
is unable to retain counsel, the Court shall assign counsel to him.
(3) A copy of any order made under subsection (1) shall be

published in the Gazette.
64. (1) Where the plaintiff in any action in the Court proves at any Arrest in
time before final judgment by evidence on oath to the satisfaction of the certain
circumstances
Court or a judge that he has good cause of action against the defendant of defendant
to an amount exceeding five hundred dollars, and that there is probable about to quit
cause for believing that the defendant is about to quit Guyana unless Guyana.
apprehended, and that the absence of the defendant from Guyana will [15 of 1978]
materially prejudice the plaintiff in the prosecution of his action, or,
where the action is for a liquidated sum due and payable under a contract
evidenced in writing, that the defendant does not or will not have assets
in Guyana of sufficient value to satisfy any judgment for the sum claimed
or that the absence of the defendant will otherwise prejudice the
recovery of the sum, the Court or judge may, in the manner prescribed
by rules of court, order the defendant not to leave or attempt to leave
Guyana pending the determination of the action unless and until he has
sooner given security not exceeding the amount claimed in the action as
prescribed by rules of court that he will not go out of Guyana without the
leave of the Court.
L.R.O. 3/1998
LAWS OF GUYANA
(2) Where the action is for a penalty or sum in the nature of a

penalty, other than a penalty in respect of any contract, it shall not be
necessary to prove that the absence of the defendant from Guyana will
materially prejudice the plaintiff in the prosecution of the action, and the
security given (instead of being that the defendant will not go out of
Guyana) shall be to the effect that any sum recovered against him in the
action shall be paid or that he shall be rendered to prison.
(3) In the absence of any rules of Court made for the purposes
of subsection (1) the Court or Judge may on any application by a plaintiff
under that subsection give such directions as it or he thinks fit for the
purpose of carrying out and giving effect to the provisions of that
subsection and such directions may include the adaptation or
modification of any writ, order or other instrument which could
otherwise be issued by the Court in exercise of its civil or criminal
jurisdiction.
(4) Where judgment is given for the plaintiff in the action the
Court may—
(a) order that the whole or any part of any sum deposited
as security by the defendant under subsections (1) and (2)
shall be applied in payment to the plaintiff of the amount due
under the judgment; or
(b) if the aforesaid security is in the nature of a bond, order
that the bond be delivered to the plaintiff who, on suing on it,
may, notwithstanding anything to the contrary therein,
recover any sum due under the judgment together with the
costs of the action brought to enforce the bond.
Procedure in 65. (1) The return of the marshal or of the chief officer of any prison,
case of to any writ of habeas corpus of an arrest or detainer under any order
imprisonment. of arrest or imprisonment by the Court, or under any judgment or order
of detention for or during non-payment of any fine or penalty imposed
by the Court, shall be deemed sufficient in law, if there appears in or is
attached to the return a certificate by the Registrar setting forth the
judgment or order by virtue of which the arrest or detainer was made.
LAWS OF GUYANA
(2) The Court shall have power to reduce or remit any fine or
penalty imposed by it provided the fine or penalty has not been already
paid or satisfied.
66. Nothing in this Act shall be construed to take away or abridge any Saving of
jurisdiction, power, or authority vested in the Court. jurisdiction.
PART II
THE FULL COURT OF THE SUPREME COURT
CONSTITUTION
67. (1) There shall be a division of the High Court styled “The Full Constitution
Court of the High Court” in this Act referred to as the Full Court. of Full Court.
(2) The Full Court may be composed of all, but shall consist of not
less than two, of the judges of the Court:
Provided that when the Full Court is composed of two judges and
they differ as to the judgment that should be given on an appeal from a
single judge the judgment of the single judge shall stand except as to any
matters in which the Full Court agrees that it shall be reversed, and on
an appeal from a decision of a magistrate’s court the appeal shall be re-
heard as soon as conveniently may be by a full court of three judges.
68. The Full Court may, if the Chief Justice so directs, sit in more than Sitting of Full
one division at the same time, and in such case anything which may be Court in more
than one
done to, by or before the Full Court may be done to, by or before any such division.
division of the Full Court.
69. When the Full Court is composed of two judges, if any party to Appointment
an appeal in any cause or matter makes application to the Chief Justice, of a third
judge.
and the Chief Justice is of opinion that for any special grounds the Full
Court should be composed of three judges on the hearing of the appeal,
he may assign a third judge to sit on the hearing by the Full Court of such
appeal.
L.R.O. 3/1998
LAWS OF GUYANA
Judge must not 70. No judge of the Court shall sit in the Full Court on the hearing of
sit on appeal an appeal from any judgment given or order made by himself.
from himself.
JURISDICTION
(i) Appeals from the Court
Appeal from 71. An appeal shall lie to the Full Court from any judgment given or
decision of order made by a single judge of the Court in exercise of its civil
single judge.
jurisdiction in respect of which there is no appeal to the Court of Appeal:
Provided that—
(a) no appeal shall lie to the Full Court from any judgment
given or order made by a single judge of the Court with the
consent of the parties or as to costs except with leave of the
judge giving the judgment or making the order or of the Full
Court;
(b) no appeal shall lie to the Full Court from any judgment
or order of a single judge referred to in section 6(5) or (6) of
c. 3:01 the Court of Appeal Act.
(ii) Appeals from Magistrates
Appeals from 72. (1) Every appeal from the decision of a magistrate shall be heard
decisions of and determined by the Full Court.
Magistrates.
(2) In matters not provided for in this section or in the Summary

Jurisdiction (Appeals) Act the practice and procedure of the Full Court
in cases of appeal under this section shall be regulated by rules of court.
(iii) Power of Judge to State a Case
Reservation of 73. A judge of the Court, sitting apart in the exercise of the civil
questions of jurisdiction of the Court, may in his discretion reserve any question of
law.
law arising in any cause or matter for the consideration of the Court of
Appeal or the Full Court:
LAWS OF GUYANA
Provided that the question shall be reserved for the consideration of

the court to which an appeal might have been taken; and the Court of
Appeal or the Full Court, as the case may be, shall have full power to hear
or determine any question so reserved.
(iv) Procedure
74. The procedure on appeals under this Part shall be prescribed by Procedure.
rules of court.
(v) Cases Where Decision Final
75. Every decision of the Full Court given in pursuance of a provision Decision final
for the time being specified in the Schedule shall be final and conclusive. in cases in
Schedule.
76. (1) Subject to negative resolution of the National Assembly, the Amendment of
Minister may from time to time by order published in the Gazette amend Schedule.
the Schedule to this Act.
(2) Where any provision is added to the Schedule by an order

made under this section and, on the date on which that order is made, any
appeal is pending from any decision of the Full Court given in pursuance
of that provision, nothing in this Act shall be deemed to apply to such
decision of the Full Court and the appeal from such decision may be
heard and determined as if the order has not been made.
L.R.O. 3/1998
LAWS OF GUYANA
SCHEDULE
Act Section
1. Immigration Act, (Cap. 14:02) s. 27

2. District Lands Partition and Reallotment Act,
(Cap. 60:03) s. 16(13)
3. Mining Act, (Cap. 65:01) s. 70
4. Motor Vehicles and Road Traffic Act, (Cap.
51:02) s. 84(2)
5. Customs Act, (Cap. 82:01) s. 20(1)
6. Intoxicating Liquor Licensing Act, (Cap.
82:21) ss. 26 & 27
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LAWS OF GUYANA

High Court Cap. 3:02 3

HIGH COURT ACT

THE HIGH COURT

A—CONSTITUTION AND JUDGES

3. The High Court of Guyana.

Registrar and Clerks

8. Registrar and Deputy Registrar.

13. Liability of marshals.

4 Cap. 3:02 High Court

C—JURISDICTION AND LAW

17. Jurisdiction and functions.

21. Admiralty and prize jurisdiction.

22. Power to reduce interest.

D—SITTINGS AND VACATIONS

26. Sittings of the Court.

High Court Cap. 3:02 5

E—PRACTICE AND PROCEDURE

36. Regulation of practice and procedure.

37. (1) Application for direction of the Court.

38. (1) Persons by whom process may be executed.

6 Cap. 3:02 High Court

Fees and Costs

54. (1) Furnishing of half-yearly lists of unclaimed moneys.

58. Distribution of business among the judges.

59. Rules of Court.

61. Restriction on officers’ purchase of property sold at execution.

High Court Cap. 3:02 7

THE FULL COURT OF THE HIGH COURT

(i) Appeals from the Court

71. Appeal from decision of single judge.

(ii) Appeals from Magistrates

72. Appeals from decisions of Magistrates.

(iii) Power of judge to state a case

73. Reservation of questions of law.

(v) Cases Where Decision Final

75. Decision final in cases in Schedule.

8 Cap. 3:02 High Court

HIGH COURT ACT

10 of 1915 An Act to confer jurisdiction and powers on the High Court, to

[12TH MARCH, 1915]

Interpretation. 2. In this Act and in rules of court—

“action” means a civil proceeding commencing by filing a claim or in any

“cause” includes any action or other original proceeding between a

“defendant” includes every person served with any writ of summons or

“existing” means existing immediately before 26th May, 1966;

High Court Cap. 3:02 9

“matter” includes every proceeding in the Court not in a cause;

“party” includes every person served with notice of or appearing in any

“plaintiff” includes every person asking any relief (otherwise than by

“pleading” includes the statement in writing of the claim of a plaintiff, and

“the Registrar” means the Registrar of the Court;

“the rule-making authority” means the persons in whom is vested the

THE HIGH COURT

A—CONSTITUTION AND JUDGES

10 Cap. 3:02 High Court

(2) The puisne judges rank between themselves according to the

(3) The Court shall be deemed to be duly constituted during and

(4) Notwithstanding anything to the contrary in subsection (1),

(5) Every judge of the Court of Appeal who sits as an additional