Judgments Act

Link to law: http://laws.gov.ag/acts/chapters/cap-227.pdf
Published: 1907

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Judgments (CAP. 227 1

CHAPTER 227

THE JUDGMENTS ACT

Arrangement of Sections
Section

1 . Short title.
2 . Interpretation.
3. Extent of operation of judgment in High Court.
4. Application for order of sale.
5. Order of sale by Court.
6. Expiry of time for making order of sale.
7. Interest on judgments.
8. Judgments of Inferior Courts.
9 . Certificate of purchase of interest of judgment debtor.

FIRST SCHEDULE.
SECOND SCHEDULE.

JUDGMENTS

(1st October, 1907.) 811907.
211935.

S.R.O. 2211956.

1. This Act may be cited as the Judgments Act. short title.

2. In this Act- Interpretation.

"inferior court" includes the Court of Summary
Jurisdiction and any Court in Antigua and Barbuda
having jurisdiction to hear and determine civil cases
other than the Supreme Court;

LAWS OF ANTIGUA AND BARBUDA

2 CAP. 227) Judfments

"judgment" includes an order for the payment of money
or costs or any other order having the operation
of a judgment;

"lands" includes lands, messuages, tenements, and
hereditaments of whatsoever nature or kind.

Extent of
operation of

3. A judgment already entered up or hereafter to be
judgment in entered up against any person in the High Court shall operate
High Court. as a charge upon all lands of such person within Antigua

and Barbuda to the extent of his beneficial interest therein:
Provided that no such judgment shall affect any such

lands as to purchasers, mortgagees, or creditors, unless and
until the person entitled to the benefit of such judgment shall
have filed an application to the Court for an order for the
sale of such lands towards satisfaction thereof.

Application for
order of sale.

4. Every such application for an order of sale shall
First Schedule. be according to the form in the First Schedule and shall be

filed in the Registrar's Office of the Circuit in which the
judgment is entered, and notice of the filing thereof shall
be served upon the judgment debtor; and when the lands
to be affected by such application are situate in any other
Circuit, a copy of the application shall also be filed in the
Registrar's Office of such other Circuit.

Every such application or copy of application shall be
registered in a book to be kept for that purpose, and an index
to such book in alphabetical order under the name of any
person whose estate is intended to be affected by such
application shall also be kept, and any person shall be at
liberty to search the same on payment of the prescribed fee.

Order of sale by
Court.

5 . The Court may at any time within six months or
such further time as it may allow, from the filing of an
application for an order of sale, make an order for the sale
of the right, title, and interest of the judgment debtor in
the lands mentioned in the application, and may in connec-
tion with such order give such directions and impose such
conditions as it may deem just. The costs of every such order
shall be in the discretion of the Court. Every order of sale
shall be registered in the manner hereinbefore provided for
the registration of the application therefor.

LAWS OF ANTIGUA AND BARBUDA

Judgments (CAP. 227 3

6. Where six months have elapsed after the filing ~ ~ ~ ~ f $ ~ d e r
of an application for an order of sale without an order having sale.
been made thereon, unless the Court shall have extended
the time for making such order, such application shall be
deemed to have been abandoned, and the lands therein men-
tioned shall no longer be affected thereby; but the person
filing the same shall nevertheless be at liberty to file a second
or further application, and thereupon the same consequences
shall ensue as on the filing of the first application.

7. Every judgment debt shall carry interest at the rate Interest on
judgments.

of five per centum per annum from the time of the entering
up of such judgment, or from the time of the commence-
ment of this Act in cases of judgments then entered upon
and not carrying interest, until the same shall be satisfied,
and such interest may be recovered in the same manner as
the amount of such judgment.

8. A judgment already entered up or hereafter to be {",~,",~P~~;~~.
entered up in any inferior Court shall, on the filing in the
High Court of a certificate of such judgment signed by the
proper Officer of the Court where such judgment has been
obtained or entered up, from the date of such filing be of
the same force and effect, so far as relates to the lands of
the judgment debtor, and all proceedings may be taken
thereunder as if the same were a judgment of the High Court.
Every such certificate shall be in the form in the Second Second
Schedule or as near thereto as circumstances will permit,
and shall be entered in the Judgment Book of the Circuit
in which it is filed.

9. After the sale of the interest of any judgment debtor ;:ESt;f
in any lands under this Act any Judge of the High Court interest of
shall grant a certificate to the person who shall have been judgment debtor.
declared the purchaser at such sale to the effect that he has
purchased the right, title, and interest of the debtor in the
lands sold and such certificate shall be liable to stamp duty
as a conveyance or assignment of the said lands, and when
duly stamped as aforesaid shall be taken and deemed to be
a valid transfer of such right, title, and interest, and may
be registered in the same manner as any deed of conveyance
or assignment.

LAWS OF ANTIGUA AND BARBUDA

4 CAP. 227) Judgments

FIRST SCHEDULE

FORM O F APPLICATION FOR ORDER O F SALE
Under section 4 of the Judgments Act

IN T H E EASTERN CARIBBEAN SUPREME COURT

................................................................. Circuit

Between

and

Plaint$$

Defendant.

The plaintiff having on the day of 19 ,
obtained judgment in this Honourable Court against the above-named defendant
for the sum of $ and costs, and the said judgment
being now (wholly) unsatisfied (or) to the extent of $
hereby applies to the Court for an order for the sale towards satisfaction of the
same of the right title and interest of the said defendant in and to the lands described
in the Schedule hereto.

Dated this day of 19 .

SCHEDULE

Situation of Lands I Boundaries
O n the East by

Name if any. Island.
O n the West by

O n the North by

Parish.

And on the South
by

Extent so far
as can be
ascertained.

LAWS OF ANTIGUA AND BARBUDA

Judgments (CAP. 227 5

SECOND SCHEDULE

CERTIFICATE IN TERMS O F THE JUDGMENTS ACT,

SECTION 8

I ............................................................. certify that (here state name,
business or occupation, and address of person obtainingjudgment, and whether plaintiff or
defendant) on the .................. day of ........................... 19 , obtained
Judgment against (here state name, business or occupation, and address of person against
whom judgment was obtained, and whether plaintiff or defendant) in the ................
........................ Court of .................................. at ........................
for payment of the sum of .............................................. on account of
(here state shortly the nature ofthe claim with the amount of costs ($any) for which judgment
was obtained. ) .

............................. Dated this ............................. day of 19

[ To be signed by the Proper Oficer ofthe Inferior
Court from which the Certificate issues, and to
be sealed with Seal of the Court ($ any)]

NOTE O F PRESENTATION T O BE APPENDED T O THE
ABOVE FORM

The above Certificate is presented by me for filing in the Eastern Caribbean
Supreme Court, in accordance with the provisions of the Judgments Act.

(Signature and address of Solicitor or Creditor
presenting for filing)