Chapter 003:02 - High Court

Link to law: http://legalaffairs.gov.gy/information/laws-of-guyana/424-chapter-302-high-court/file

L.R.O. 1/2012
LAWS OF GUYANA
HIGH COURT ACT
CHAPTER 3:02

Act
10 of 1915
Amended by
20 of 1919 23 of 1955 20 of 1984
2 of 1921 42 of 1956 14 of 1988 20 of 1921 20 of 1921 8 of 1991 23 of 1923 19 of 1958 2 of 1993 10 of 1925 9 of 1959 21 of 2007 15 of 1926 12 of 1960 O.68 / 1961 25 of 1930 26 of 1962 37 / 1966B 16 of 1931 2 of 1965 30 / 1972
2 of 1935 12 of 1967 80 / 1980
32
16
3
of
of
of
1936
1949
1950
4
15
21
of
of
of
1972
1978
1978



Current Authorised Pages
Pages
(inclusive)
Authorised
by L.R.O.


1 – ... 1/2012 56
LAWS OF GUYANA
2 Cap. 3:02 High Court
L.R.O. 1/2012
Procedure) Ordinance (17 of 1901). This Act repealed the Supreme Court Ordinance (7 of 1983) and the Supreme Court (Civil
Repeal on Note
O. 37/`966B, 4 of 1972) (R. 18/6/1955, R. 26/7/1960, R. 3/1961, 2/1961, 1/1970, 4/1970, 1/1971,
Rules of the High Court
publication. The following instruments and amendments thereto have been omitted from this
Note
(R. 3/1964) 47Judges' Rules
(R. 4/6/1923) 42Rules of the High Court (Declaration of Title)(Rules of Court)
(Reg. 18/12/1885)
41 with Murder Rules for the Assignment for the Defence of Pauper Prisoners charged
Page
Subsidiary Legislation
on
Note
LAWS OF GUYANA
High Court Cap. 3:02 3
L.R.O. 1/2012
ARRANGEMENT OF SECTIONS
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.
CHAPTER 3:02
HIGH COURT ACT
LAWS OF GUYANA
4 Cap. 3:02 High Court
L.R.O. 1/2012
SECTION
Commissioners
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.
LAWS OF GUYANA
High Court Cap. 3:02 5
L.R.O. 1/2012
SECTION
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.
Places of Sitting
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
[Sections 38-45 repealed by Act No. 20 of 1984].
46. (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.
47. Authentic return of service.
48. Service of process.
LAWS OF GUYANA
6 Cap. 3:02 High Court
L.R.O. 1/2012
SECTION
49. Execution of warrants.
50. Service of process by bailiffs.
51. Procedure by Registrar.
52. Endorsation on writ.
53. Clerks and bailiffs officers of Court.
Fees and Costs
54. Fees and costs generally.
55. Disallowance of costs in certain cases.
56. Fees for arrests and apprehensions.
57. Fees in State cases.
58. Place of payment of fees.
59. (1) Fees for recovery of State or Municipal taxes.
(2) Saving.
60. Keeping of cash fee books.
61. Regulations relating to fees.
Unclaimed Moneys
62. (1) Furnishing of half-yearly lists of unclaimed moneys.
(2) Paying over moneys.
(3) Discharge for moneys paid over.
63. Effect of moneys remaining unclaimed for five years.
64. Claim to moneys paid over.
65. Default of Registrar. Penalty.
Distribution of Business
66. Distribution of business among the judges.
Rules of Court
67. Rules of Court.
68. Power to make rules as to proof.
MISCELLANEOUS
69. Restriction on officers’ purchase of property sold at execution.
LAWS OF GUYANA
High Court Cap. 3:02 7
L.R.O. 1/2012
SECTION
70. Jurisdiction over foreigners.
71. Restriction on institution of vexatious actions.
72. Arrest in certain circumstances of defendant about to quit
Guyana.
73. Procedure in case of imprisonment.
74. Saving of jurisdictions.
PART II
THE FULL COURT OF THE HIGH COURT
CONSTITUTION
75. Constitution of Full Court.
76. Sitting of Full Court in more than one division.
77. Appointment of a third judge.
78. Judge must not sit on appeal from himself.
JURISDICTION
(i) Appeals from the Court
79. Appeal from decision of single judge.
(ii) Appeals from Magistrates
80. Appeals from decisions of Magistrates.
(iii) Power of judge to state a case
81. Reservation of questions of law.

(iv) Procedure
82. Procedure.
(v) Cases Where Decision Final
83. Decision final in cases in Schedule.
84. Amendment of Schedule.
LAWS OF GUYANA
8 Cap. 3:02 High Court
L.R.O. 1/2012
SCHEDULE—Cases where decision final.
__________________________
1929 Ed.
c. 10
1953 Ed.
c. 7 _______________________________________________________
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]
Short title.

Interpretation.
PRELIMINARY
1. This Act may be cited as the High Court Act.
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
CHAPTER 3:02
HIGH COURT ACT

LAWS OF GUYANA
High Court Cap. 3:02 9
L.R.O. 1/2012
The High Court
of Guyana.
[21 of 1978]
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;
PART I
THE HIGH COURT
A- CONSTITUTION AND JUDGES
Constitution
3. (1) The Court shall consist of the Chief Justice, who
shall be the President thereof, and any number of Puisne
Judges not exceeding such maximum as may be prescribed
from time to time by order of the President.
(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
LAWS OF GUYANA
10 Cap. 3:02 High Court
L.R.O. 1/2012
Description,
use and
custody of
seals.

Qualification
for
appointment as
Puisne Judge.
[O. 80/1980]
against holding
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.
4. (1) The Court shall use the seal and duplicate seals
of the Supreme Court as occasion may require for the
stamping of documents 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.
(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 for admission as an advocate under article
129(1)(b) of the Constitution for the purpose of qualification
for appointment to hold or act in the office of a Puisne Judge,
shall be seven years.
6. A judge shall not accept or perform any other office Prohibition
LAWS OF GUYANA
High Court Cap. 3:02 11
other office.
[O. 80/1980]
Concurrent
sittings.
Registrar and
Deputy
Registrar.
Duties of
Deputy
Registrar and
sworn clerks.
[2 of 1993]

or place of profit or emolument not authorised by law
without the consent of the President:
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 purpose in respect of which a single judge
may exercise jurisdiction.
B—OFFICERS
Registrar and Clerks
8. There shall be a Registrar and Deputy Registrar of
the Supreme Court.
9. (1) The Deputy Registrar shall, subject to the
general or special directions of the Registrar, assist the
Registrar in carrying out his functions and the Deputy
Registrar shall, in the exercise of his office, have all and
singular the like authorities, powers, duties, immunities and
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:
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.
L.R.O. 1/2012
LAWS OF GUYANA
12 Cap. 3:02 High Court
L.R.O. 1/2012
c. 4:01
Administrati-
on of oaths by
Registrar.

Executive
officers of the
Court.

Duties of
marshals.

Liability of
marshals.
(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 same meaning as in the Legal Practitioners Act.
10. The Registrar and the sworn clerks and assistant
sworn clerks thereto authorised by the Court shall have
power to administer oaths and take affidavits, and to take
solemn affirmations or declarations in lieu of oaths.
11. The Registrar shall be the chief executive officer,
and every marshal shall be an executive officer of the Court.
12. (1) Every marshal shall be under the control and
be responsible 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.
Liability of Officers
13. Every marshal shall be liable for all losses,
damages, costs, charges, and expenses, had and suffered by
LAWS OF GUYANA
High Court Cap. 3:02 13
L.R.O. 1/2012
c. 5:07

Appointment
and powers of
commissioners
of the Court.
Enforcement of
order to be
executed before
a
commissioner.

Incidental
powers of
commissioner.
Control of
Commission-
ers and their
proceedings.
any person from or by 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.
Commissioners
14. (1) The Court may appoint, by an instrument or
instruments under the seal of the Court, the requisite number
of fit and proper persons to be commissioners of the Court for
taking affidavits and declarations 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 of witnesses or production of documents before
a commissioner within the jurisdiction of the Court may be
enforced in the same manner as an order to attend and be
examined or produce documents before the Court.
(4) Subject to any special directions of the
Court, a commissioner, when and so far as necessary for
performing any duty 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 direction of the Court as fully as any other officer of
the Court, and every proceeding before a commissioner shall
be subject to the direction and control of the Court.
LAWS OF GUYANA
14 Cap. 3:02 High Court
L.R.O. 1/2012
Protection of
commissioner.

Employment of
experts and
referees.
Duties of
officers of the
Court
generally.
Jurisdiction and
functions.
Original
jurisdiction.
(6) No action shall be brought against a
commissioner in respect 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.
15. (1) The Court may, when it thinks fit, obtain the
assistance of accountants, actuaries, or other qualified
persons, to assist it to 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.
16. Subject to the provisions of this Act and of any
other written law, all officers of the Court shall perform in
connection with the Court duties similar or analogous to
those performed by them immediately before 26th May, 1966.
C—JURISDICTION AND LAW
17. Subject to the provisions of the Guyana
Independence Order and 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.
18. (1) Subject to any written law, every action and
proceeding and all business arising therefrom shall, so far
as is practicable and convenient, be heard, determined, and
LAWS OF GUYANA
High Court Cap. 3:02 15
L.R.O. 1/2012
Powers of
single judge in
court or
chambers.
Criminal
jurisdiction.
Jurisdiction on
appeals from
magistrates.
Admiralty and
prize
jurisdiction.

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.
(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 or in chambers all or any part of the
jurisdiction vested in the Court.
19. The criminal jurisdiction by this Act vested in the
Court, not being the jurisdiction in respect of the Full Court,
shall, together with all the 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 cases in which by law an appeal lies to the
Court from any decision of a magistrate in the exercise of his
jurisdiction.
Admiralty Jurisdiction
21. The High Court shall be a Court of Admiralty and
its admiralty jurisdiction shall be over the like places, persons,
matters and things as 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,
LAWS OF GUYANA
16 Cap. 3:02 High Court
L.R.O. 1/2012

Power to
reduce interest.

Injunction and
appointment of
receivers.

Powers to make
orders in cases
not provided
for.
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 enforced, and the Court is of opinion that the
rate agreed to be paid is excessive and ought not to be
enforced by legal process, the Court may give judgment for
the payment of interest at the rate that it thinks just.
23. (1) Subject to rules of court, a mandamus or
injunction may be granted, or a receiver appointed, by an
order of the Court in all cases in 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.
24. Subject to the provisions of any written law, the
Court may in any cause or matter make any order as to the
procedure to be followed or otherwise which the Court
considers necessary for doing justice in the cause or matter,
whether that order has been expressly asked for by the party
LAWS OF GUYANA
High Court Cap. 3:02 17
L.R.O. 1/2012
Extent of
remedies.

Sittings of the
Court.

Ordinary
sittings of the
Court in its
entitled to the benefit thereof or not.
25. The Court shall, in every cause or matter pending
before it, have 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.
D—SITTINGS AND VACATIONS
Times of Sitting
26. (1) Subject to the provisions hereinafter contained,
the Court and the judges respectively shall have power to sit
and act at any time for the 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 jurisdiction in every year in each of the counties
of Demerara, Essequibo, and Berbice as follows, that is to
LAWS OF GUYANA
18 Cap. 3:02 High Court
L.R.O. 1/2012
criminal
jurisdiction.

Special sitting
of the Court in
its criminal
jurisdiction.
Continuance of
sittings and
adjournments
say—
(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 of the Court in the exercise of its
criminal jurisdiction to be held at the place and time and for
the purposes specified in the notice.
29. (1) Every sitting of the Court shall be continuous
until the business before it has been disposed of or it is
adjourned to some future 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.

LAWS OF GUYANA
High Court Cap. 3:02 19
L.R.O. 1/2012

Places of sitting
of the Court in
Demerara,
Essequibo and
Berbice.

Holding of
sittings in other
places.

General
business of the
(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
30. The Court shall sit at the following places, that is
to say—
(a) in the county of Demerara, at the Law
Courts in the City of Georgetown;
(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.
31. (1) Where it is from any cause impracticable or
inconvenient to hold a sitting of the Court at any place
mentioned in the preceding section, the Chancellor may direct
the sitting to be held at some other place in the same county.
(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 transaction, subject to rules of court, of the
LAWS OF GUYANA
20 Cap. 3:02 High Court
L.R.O. 1/2012
Court.

Attendance of
police at
sittings.

Vacation and
holidays.
[14 of 1988]
Delivery of
judgment in
vacation.
general legal business pending in the Court, excepting on any
public holiday.
33. The Commissioner of Police shall cause a sufficient
number of police constables to attend for the purpose of
assisting in the 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, inclusive, or any other period appointed by
rules of court, shall be observed as a vacation by the Court,
but this enactment shall not extend 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 an order in any cause or matter then
awaiting the decision of the Court, 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.
(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
LAWS OF GUYANA
High Court Cap. 3:02 21
L.R.O. 1/2012

Regulation of
practice and
procedure.

Application
for direction of
the Court.

Protection
where the
direction is
followed.
Court.
E—PRACTICE AND PROCEDURE
Regulation
36. (1) The practice and procedure of the Court shall,
subject to any other written law, be regulated by this Act and
by rules of court, and in 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
37. (1) Any guardian of the person or estate, any
executor or administrator, and any person appointed or
required to administer the 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.
(2) Every guardian, executor, administrator, or
person aforesaid, acting upon the opinion, advice, or direction
given by the Court, shall be deemed, so far as regards his own
responsibility, to have discharged his 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
LAWS OF GUYANA
22 Cap. 3:02 High Court
L.R.O. 1/2012
Jurisdiction and
powers of the
Court.
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 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 dispose of all or any of the following
questions or matters, that is to say—
(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
LAWS OF GUYANA
High Court Cap. 3:02 23
L.R.O. 1/2012

Mode of
application.
Notice of
application.
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 provided by rules of court, and, in the absence
of any special provision thereby may be made by petition.
(5) Notice in the first instance shall be served on
the following persons, that is to say—
(a) where the application is made by a
guardian, executor, administrator, or
person aforesaid—
(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;
LAWS OF GUYANA
24 Cap. 3:02 High Court
L.R.O. 1/2012

Persons by
whom process
may be
executed.

Onus of proof
of want of
authority to lie
on person
served.

(v) if there are more guardians,
executors, administrators, 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.
[Sections 38-45 (inclusive) repealed by Act No. 20 of 1984]
Execution of Process
46. (1) All process in civil cases, except arrests of the
person and proceedings in execution after summation, and all
process in criminal cases, except execution in cases of
forfeited recognisances, may be 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.
(3) The authority from the Registrar of anyone
appearing to have served any process aforesaid need not be
proved; but anyone objecting to the authority of that person
shall be at liberty to prove the want of that authority.

LAWS OF GUYANA
High Court Cap. 3:02 25
L.R.O. 1/2012
Keeping of list
of persons
authorised to
serve process.

Authentic
return of
service.

Service of
process.
(4) There shall be kept in the registry a correct list
of the persons, not being marshals, who have that authority;
and anyone objecting to the authority of any of those persons
to serve any process, may produce the 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.
47.(1) Every return of service appearing to be
signed by the Registrar, or by any marshal, shall, as
heretofore, be received by all 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.
48. (1) Nothing contained in any written law shall be
construed to prohibit the service of process, or the mode of
making return of service 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 46, notwithstanding the provisions of
LAWS OF GUYANA
26 Cap. 3:02 High Court
L.R.O. 1/2012

Execution of
warrants.

Service of
process by
bailiffs.

Procedure by
Registrar.
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.
49. Warrants of arrest issued under this Act, shall be
addressed to and be executed by a marshal.
50. (1) Every bailiff of a magistrate’s court shall be,
and have all the powers of, a marshal for the purposes of
serving any process, or 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.
51.(1) When any process is to be served or any
judgment executed 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
LAWS OF GUYANA
High Court Cap. 3:02 27
L.R.O. 1/2012

Endorsation on
writ.

Clerks and
bailiffs officers
of Court.

Fees and costs
generally.

Disallowance
of costs in
certain cases.
the Registrar;
(ii) envelopes addressed and, if
necessary, stamped, for the return of
the writs and other papers;
(iii) a form of the proper induration 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.
52. The bailiff after taking action shall make the
proper endorsement on the writ and hand it back with any
other papers to the clerk of the court, who shall forthwith
return them to the Registrar.
53. All the magistrate’s clerks and all bailiffs shall be
officers of the Court in respect of the several duties imposed
upon them by the foregoing provisions.
Fees and Costs
54. (1) The fees and costs payable and allowable in
the Court shall be regulated by rules of court and, where
provision is not made by those 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.
55. No costs shall be allowed to a successful plaintiff
in any action brought by him in the Court which might have
been heard in a magistrate’s court in its civil jurisdiction,
LAWS OF GUYANA
28 Cap. 3:02 High Court
L.R.O. 1/2012
Fees for arrests
and
apprehensions.
Fees in State
cases.
Place of
payment of
fees.

Fees for
recovery of
State or
Municipal
taxes.
[6 of 1997]

unless the Court is of opinion that the action was one which it
was expedient to bring in that manner and certifies
accordingly.
56. The fees payable for arrests and apprehensions of
the person shall belong to the marshals making the arrests
and apprehensions.
57. (1) No fees shall be payable for any services
performed in criminal 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.
58. All fees for services performed in the counties of
Demerara and Essequibo shall be paid at the registry in
Georgetown, and all fees for services performed in Berbice
shall be paid at the registry in New Amsterdam.
59. (1) In all cases where it becomes necessary to
proceed to execution for the recovery of State or Municipal
taxes not exceeding in amount the sum of one hundred
dollars, the following and no other fees shall be chargeable:
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

LAWS OF GUYANA
High Court Cap. 3:02 29
L.R.O. 1/2012
Saving.

Keeping of cash
fee books.

Regulations
relating to fees.

Furnishing of
half-yearly lists
of unclaimed
moneys.
(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.
60. (1) There shall be kept in the registry in
Georgetown and New Amsterdam a cash fee book, in which
shall be entered every fee 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 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.
61. The Minister responsible for finance may, from
time to time, if he deems it expedient, make regulations for
checking the amounts 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
62.(1) On the 30th June and 31st December
respectively in every year, or within one week thereafter, the
Registrar shall deposit with the Accountant General a list of
all moneys, the proceeds of sales of property under execution,
LAWS OF GUYANA
30 Cap. 3:02 High Court
L.R.O. 1/2012
Paying over
moneys.

Discharge for
moneys paid
over.

Effect of moneys
remaining
unclaimed for
five years,
Claim to
moneys paid
over.

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 over all moneys mentioned therein to the
Accountant General, and 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 by the Registrar for that purpose, shall be a
sufficient acquittance, discharge, and release to him for all
moneys paid over by him to the Accountant General under
this Act.
63. All moneys advertised under the last preceding
section which remain unclaimed for a period of five years
from the time when they came to the hands of the Registrar
shall vest in the State for the public use, and all right, title,
and interest of every person in and to them shall be statute-
barred.
64. Any person claiming any sum of money so paid
over may apply to the Registrar for payment thereof, and the
Registrar if satisfied that 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.

LAWS OF GUYANA
High Court Cap. 3:02 31
L.R.O. 1/2012
Default of
Registrar.
Penalty.
[6 of 1997]
Distribution of
business
among the
judges.
[21 of 2007]
Rules of
Court.
c. 4:01
65. (1) Any failure on the part of the Registrar to
comply with any of the requirements of this Act relating to
unclaimed moneys shall render him liable to a penalty of
thirty-two thousand five hundred dollars, to be 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
66. Subject to any general or special directions of the
Chancellor, the Chief Justice may determine the distribution
of the business before the Court among the judges thereof,
and may assign any judicial duty to any judge or judges.
Rules of Court
67. (1) Rules of court may be made by the Chancellor
together with 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 the meaning of
the Legal Practitioners Act as may
be appointed by the Attorney-General
from amongst the staff of his
Chambers;
(e) the Registrar;

LAWS OF GUYANA
32 Cap. 3:02 High Court
L.R.O. 1/2012
(f) a practising attorney-at-law
appointed after consultation with
such body as appears to the
Chancellor to represent attorneys-at-
law 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
LAWS OF GUYANA
High Court Cap. 3:02 33
L.R.O. 1/2012

Power to make
rules as to
proof.

Restriction on
officers’
purchase of
property sold
at execution.
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 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
68. The power to make rules of court includes power
to make rules for regulating the means by which particular
facts may be proved and 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
69. No officer or person employed in any way
whatsoever in the registry may or shall, directly or indirectly
or by the intervention of a trustee or otherwise, purchase any
property sold at execution; and if that officer or person
LAWS OF GUYANA
34 Cap. 3:02 High Court
L.R.O. 1/2012

Jurisdiction
over
foreigners.

Restriction on
institution of
vexatious
actions.
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.
70. Subject to any special disability to sue or be sued,
any person, whether a foreigner or not, and whether
domiciled in Guyana or not, may 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.
71. (1) If, on an application made by the Attorney-
General under this section, the Court is satisfied that any
person had habitually and persistently and without any
reasonable ground instituted vexatious legal 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)
LAWS OF GUYANA
High Court Cap. 3:02 35
L.R.O. 1/2012

Arrest in
certain
circumstances
of defendant
about to quit
Guyana.
[15 of 1978]
shall be published in the Gazette.
72. (1) Where the plaintiff in any action in the Court
proves at any time before final judgment by evidence on oath
to the satisfaction of the Court or a judge that he has good
cause of action against the defendant to an amount exceeding
five hundred dollars, and that there is probable cause for
believing that the defendant is about to quit Guyana unless
apprehended, and that the absence of the defendant from
Guyana will 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.
(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
LAWS OF GUYANA
36 Cap. 3:02 High Court
L.R.O. 1/2012

Procedure in
case of
imprisonment.

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.
73. (1) The return of the marshal or of the chief officer
of any prison, to any writ of habeas corpus of an arrest or
detainer under any order 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.
(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.
LAWS OF GUYANA
High Court Cap. 3:02 37
L.R.O. 1/2012
Saving of
jurisdiction.

Constitution of
Full Court.

Sitting of Full
Court in more
than one
division.

Appointment
of a third judge.
[O. 37/1966A]

74. Nothing in this Act shall be construed to take
away or abridge any jurisdiction, power, or authority vested
in the Court.
PART II
THE FULL COURT OF THE SUPREME COURT
CONSTITUTION
75. (1) There shall be a division of the High Court
styled “The Full Court of the High Court” in this Act referred
to as the 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.
76. The Full Court may, if the Chief Justice so directs,
sit in more than one division at the same time, and in such
case anything which may be done to, by or before the Full
Court may be done to, by or before any such division of the
Full Court.
77. When the Full Court is composed of two judges, if
any party to an appeal in any cause or matter makes
application to the Chief Justice, 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.

LAWS OF GUYANA
38 Cap. 3:02 High Court
L.R.O. 1/2012
Judge must not
sit on appeal
from himself.

Appeal from
decision of
single judge.
[19 of 1958]

Appeals from
decisions of
magistrates.
c. 3:04
78. No judge of the Court shall sit in the Full Court on
the hearing of an appeal from any judgment given or order
made by himself.
JURISDICTION
(i) Appeals from the Court
79. An appeal shall lie to the Full Court from any
judgment given or order made by a single judge of the Court
in exercise of its civil 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 the Court
of Appeal Act.
(ii) Appeals from Magistrates
80. (1) Every appeal from the decision of a magistrate
shall be heard and determined by the Full Court.
(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.

LAWS OF GUYANA
High Court Cap. 3:02 39
L.R.O. 1/2012

Reservation of
questions of
law.

Procedure.

Decision final
in cases in
Schedule.
Amendment
of Schedule.
(iii) Power of Judge to State a Case
81. A judge of the Court, sitting apart in the exercise
of the civil jurisdiction of the Court, may in his discretion
reserve any question of law arising in any cause or matter for
the consideration of the Court of Appeal or the Full Court:
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
82. The procedure on appeals under this Part shall be
prescribed by rules of court.
(v) Cases Where Decision Final
83. Every decision of the Full Court given in
pursuance of a provision for the time being specified in the
Schedule shall be final and conclusive.

84. (1) Subject to negative resolution of the National
Assembly, the Minister may from time to time by order
published in the Gazette amend 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.

LAWS OF GUYANA
40 Cap. 3:02 High Court
L.R.O. 1/2012
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
_____________________

LAWS OF GUYANA
Cap. 3:02
L.R.O. 1/2012
SUBSIDIARY LEGISLATION
_________________
R.18/12/1885
RULES
for the Assignment for the Defence of Pauper Prisoners charged
with Murder
On the 18th December, 1885, the Judges resolved that the
Rules be modified to the following extent—
1. That the list of counsel kept by the Registrar shall
not include the names of such counsel as are of less than two
years standing at the Bar from the dates of their call; that as
soon as such counsel shall have attained a standing of two
years from the date of their call the Registrar shall insert their
names at the top of the list.
2. That the Registrar shall, subject to the directions of
the Chief Justice, either communicate with the accused
personally, or through the medium of the Marshal, or other
competent officer, explaining to the accused his situation as
regards the employment of counsel in his defence, and taking
his answers thereupon, according to the tenor and substance
of what is contained in the several paragraphs of the annexed
letter, and such other paragraphs as in any particular case the
Chief Justice may consider necessary.
3. That the assignment of counsel in each case shall
not necessarily be made according to the order of counsel in
the list, but may be made in any order or to the effect of
assigning a larger proportion of defences to one or more
counsel than to others, according as the Chief Justice may
think fit.
________________
High Court 41
LAWS OF GUYANA
Cap. 3:02
[Subsidiary]
L.R.O. 1/2012
Rules of Court
4/6/1923
Citation
Definition of
property.

Petition for
declaration of
title.
c. 60:02
Plan.

Notice of
petition.
Schedule
RULES OF THE HIGH COURT
(DECLARATION OF TITLE)
made by the Judges and approved by the Governor and Court of
Policy on the 14th June, 1923
1. These Rules may be cited as Rules of the High
Court (Declaration citation, of Title).
2. In these Rules "property" means and includes land,
or any easement, profit a prendre, or other right, connected
with land.
3. (1) Application to the Court for a declaration of title
under section 4(1) of the Title to Land (Prescription and
Limitation) Act shall be made by petition, intituled in the
matter of the property to which it relates and in the matter of
the Act.
(2) The petition shall contain a statement of all the
material facts upon which it is based, and describe with
particularity the property to which it relates, and state the
boundaries, or the nature and extent, thereof as the case may
be.
(3) A plan of the property shall be annexed to the
petition, unless the Court, upon the application of the
petitioner in a summary manner before the petition is filed,
dispenses therewith.
(4) The petition shall be filed in the registry of
Court together with an affidavit or affidavits verifying the
facts stated in support thereof.
4. A notice in the form given in the Schedule, or as
nearly so as the circumstances of the case will allow, signed
Rules of the High Court (Declaration of Title)
42 High Court
by the petitioner or his attorney-at-law, shall be published
LAWS OF GUYANA
Cap. 3:02
[Subsidiary]
L.R.O. 1/2012
Form 1
Service of
petition, etc.

Entry of
opposition.
Schedule
Form 2

Entry for
hearing.
Notice of
hearing.
simultaneously in the Gazette and a daily newspaper
circulating in the county where the subject matter of the
petition is situate on three consecutive Saturdays.
5. (1) Within seven days after the date of the first
publication of the notice prescribed in rule 3, the petitioner
shall serve each owner and occupier of land adjacent to that
mentioned in the petition, or of the land itself so mentioned
(as the case may be), with a copy of the petition and of any
affidavit in support thereof and of the notice aforesaid, and
shall file in the registry of Court an affidavit of that service
within four days after effecting the same upon the last person
to be served.
(2) The Court may, on the application of the
petitioner in a summary manner, dispense either wholly or in
part, with the service by this rule prescribed.
6. Within the time limited by the notice prescribed by
rule 3, any person intending to oppose the petition (hereafter
in these rules called "respondent") shall file in the registry of
Court a notice of opposition in the form given in the
Schedule, together with an affidavit or affidavits in support of
the opposition, and serve a copy of the notice and of any
affidavit upon the petitioner.
7. (1) Within one month after the expiration of the
time limited in the notice prescribed by rule 3, the petitioner
shall enter the petition for hearing and give notice to any
respondent that he has done so.
(2) The Registrar of the Court shall give to the
petitioner and any respondent not less than ten clear days
notice of the day fixed for hearing.
(3) The petition shall be heard in Court, and the
petitioner and any respondent may appear thereon in person
or by counsel.
Rules of the High Court (Declaration of Title)
High Court 43
LAWS OF GUYANA
Cap. 3:02
[Subsidiary]
L.R.O. 1/2012
Attendance for
cross
examination.
Rules of the High Court (Declaration of Title)
44 High Court
by prescription.
person to institute a suit for a declaration of title to property
12. Nothing in these Rules shall affect the right of any
interlocutory orders.
Rules shall be taxed and allowed as of applications for
11. Costs of and incidental to applications under these
withdrawal signed by each respondent.
petitioner producing to the Registrar of the Court a consent to
and, if it is opposed, with the leave of the Court, or upon the
expiration of the time limited for entry of opposition thereto
may be withdrawn by the petitioner at any time after the
10. A petition under these Rules if it is not opposed,
abode or business; or
his attorney's, last known or usual place of
(b) to any adult inmate or employee at his, or
(a) to the party to be served or his attorney;
delivery of the Service of document to be served—
9. Service under these rules may be effected by
order.
or their expense the property mentioned in that judgment or
person or persons whose title has been so declared and at his
further proceeding, convey to, or register in favour of, the
force, under the aforesaid provisions of the Act, shall, without
the Court, either before or after these Rules have come into
an office copy of any declaratory judgment or order made by
8. The Registrar of Deeds, upon production to him of
title.
declaration of
Saving suit for

Costs.

petition.
Withdrawing
documents.
Service of
Deeds.
Registry of
order in
Judgment or
petitioner relies. deponent upon whose affidavit that respondent or the attendance at the hearing for cross-examination of any application of the petitioner or any respondent, order the
(4) The Court may, of its own motion, or upon the
(c) to his attorney-at-law.
LAWS OF GUYANA
Cap. 3:02
[Subsidiary]
L.R.O. 1/2012
r. 4
Or SECOND
or THIRD as
the case may
be.
(a) This must
be the date of
the issue of the
Gazette and
daily
newspaper.
SCHEDULE
FORM 1
IN THE HIGH COURT OF THE SUPREME COURT OF
JUDICATURE
DECLARATION OF TITLE
Petition No of 19.
NOTICE
(FIRST PUBLICATION)
A.B., of, etc. (address and description) has presented a
petition for a declaration of title by prescription to the
property described in the Schedule hereto.
Any person intending to oppose the said petition must,
within one month after the date of the first publication of this
notice, file in the registry of Court in the City of Georgetown
notice of his opposition and an affidavit or affidavits in
support thereof, and serve a copy of the notice and any
affidavit upon the said A.B.
(Unless the Court has dispensed with a plan add:)
The said petition is accompanied by a plan of the
property which may be inspected at the said registry during
office hours.
(a) Dated the……….day of……………20…..
(Signed) A.B.
Petitioner
Rules of the High Court (Declaration of Title)
High Court 45
LAWS OF GUYANA
Cap. 3:02
[Subsidiary]
L.R.O. 1/2012
r. 6
(or Signed) E.F.
SCHEDULE
(Here describe with particularity the land, easement, profit a
prendre, or other right enjoyed therewith, and state the
boundaries, or the nature and extent thereof)
Memorandum. The address for service of the petitioner is his
residence aforesaid. Or: The address for service of the
No……………………Street, in the City of Georgetown.
FORM 2
IN THE HIGH COURT OF THE SUPREME COURT OF
JUDICATURE
In the matter of a petition No…….of 20……., by A.B. for
a declaration of title.
To the said A.B.
And to the Registrar of the High Court of the Supreme
Court of Judicature.
Take notice that C.D. intends to oppose the said petition
on the grounds stated in the affidavit or affidavits of (name or
names of deponent or deponents) filed with this notice.
Dated the…….day of……….20……
(Signed) C.D.
Respondent
(or Signed) E.F.
Rules of the High Court (Declaration of Title)
46 High Court
Attorney-at-Law for the Petitioner
petitioner is at the office of his said attorney-at-law, Mr.
E.F.,
Attorney-at-Law for the said C.D.
LAWS OF GUYANA
Cap. 3:02
[Subsidiary]
L.R.O. 1/2012
R. 3/1964
This notice was filed by the said C.D. who resides and
whose address for service is at (mention city, town, or village
of residence).
_______________
JUDGES’ RULES
made by the Chief Justice and Judges of the High Court
The following Rules have been approved by the
Honourable the Chief Justice and Judges of the High Court of
Guyana and will come into operation in Guyana as from 1st
June, 1964:
These Rules do not affect the principles
(a) that citizens have a duty to help a police officer to
discover and apprehend offenders;
(b) that police officers, otherwise than by arrest,
cannot compel any person against his will to come to or
remain in any police station;
(d) that when a police officer who is making enquiries
Judges’ Rules
High Court 47
of justice by his doing so; caused to the processes of investigation or the administration that in such a case no unreasonable delay or hindrance is an attorney-at-law. This is so even if he is in custody provided should be able to communicate and to consult privately with
(c) that every person at any stage of an investigation
attorney-at-law) aforesaid. above) and whose address for service is at (address of law for the said C.D. who resides at (residence of petitioner as
Or: This notice was filed by E.F. of (address) attorney-at-
LAWS OF GUYANA
Cap. 3:02
[Subsidiary]
L.R.O. 1/2012
.
of any person about an offence has enough evidence to prefer
a charge against that person for the offence, he should
without delay cause that person to be charged or informed
that he may be prosecuted for the offence;
(e) that it is a fundamental condition of the
admissibility in evidence against any person, equally of any
oral answer given by that person to a question put by a police
officer and of any statement made by that person, that it shall
have been voluntary, in the sense that it has not been obtained
from him by fear of prejudice or hope of advantage, exercised
or held out by a person in authority, or by oppression.
The principle set out in paragraph (e) above is overriding
and applicable in all cases. Within that principle the following
Rules are put forward as a guide to police officers conducting
investigations. Non-conformity with these Rules may render
answers and statements liable to be excluded from evidence
in subsequent criminal proceedings.
RULES
I. When a police officer is trying to discover whether,
or by whom, an offence has been committed he is entitled to
question any person, whether suspected or not, from whom
he thinks that useful information may be obtained. This is so
whether or not the person in question has been taken into
custody so long as he has not been charged with the offence
or informed that he may be prosecuted for it.
II. As soon as a police officer has evidence which
would afford reasonable grounds for suspecting that a person
has committed an offence, he shall caution that person or
cause him to be cautioned before putting to him any
questions, or further questions, relating to that offence.
The caution shall be in the following terms—
"You are not obliged to say anything unless you
Judges’ Rules
48 High Court
LAWS OF GUYANA
Cap. 3:02
[Subsidiary]
L.R.O. 1/2012
wish to do so but what you say may be put into writing and
given in evidence."
When after being cautioned a person is being questioned,
or elects to make a statement, a record shall be kept of the
time and at which any such questioning or statement began
and ended and of the persons present.
III. (a) Where a person is charged with or informed
that he may be prosecuted for an offence he shall be
cautioned in the following terms—
"Do you wish to say anything? You are not obliged to say
anything unless you wish to do so but whatever you say will
be taken down in writing and may be given in evidence."
(b) It is only in exceptional cases that questions
relating to an offence should be put to the accused person
after he has been charged or informed that he may be
prosecuted. Such questions may be put where they are
necessary for the purpose of preventing or minimising harm
or loss to some other person or to the public or for clearing up
an ambiguity in a previous answer or statement.
Before any such questions are put the accused should be
cautioned in these terms—
"I wish to put some questions to you about the offence
with which you have been charged (or about the offence for
which you may be prosecuted). You are not obliged to answer
any of these questions, but if you do the questions and
answers will be taken down in writing and may be given in
evidence."
Any questions put and answers given relating to the
offence must be contemporaneously recorded in full and the
record signed by that person or if he refuses by the
interrogating officer.
Judges’ Rules
High Court 49
LAWS OF GUYANA
Cap. 3:02
[Subsidiary]
L.R.O. 1/2012
(c) When such a person is being questioned, or
elects to make a statement, a record shall be kept of the time
and place at which any questioning or statement began and
ended and of the persons present.
IV. All written statements made after caution shall be
taken in the following manner—
(a) If a person says that he wants to make a
statement he shall be told that it is intended to make a written
record of what he says. He shall always be asked whether he
wishes to write down himself what he wants to say; if he says
that he cannot write or that he would like someone to write it
for him, a police officer may offer to write the statement for
him. If he accepts the offer the police officer shall, before
starting, ask the person making the statement to sign, or make
his mark to, the following—
“I,……….……………………………………..wish to make a
statement. I want someone to write down what I say. I have
been told that I need not say anything unless I wish to do so
and that whatever I say may be given in evidence."
(b) Any person writing his own statement shall be
allowed to do so without any prompting as distinct from
indicating to him what matters are material.
(c) The person making the statement, if he is going
to write it himself, shall be asked to write out and sign before
writing what he wants to say, the following—
"I make this statement of my own free will. I have been
told that I need not say anything unless I wish to do so and
that whatever I say may be given in evidence."
(d) Whenever a police officer writes the statement,
he shall take down the exact words spoken by the person
making the statement, without putting any questions other
Judges’ Rules
50 High Court
LAWS OF GUYANA
Cap. 3:02
[Subsidiary]
L.R.O. 1/2012
than such as may be needed to make the statement coherent,
intelligible and relevant to the material matters. He shall not
prompt him.
(e) When the writing of a statement by a police
officer is finished the person making it shall be asked to read
it and to make any corrections, alterations or additions he
wishes. When he has finished reading it he shall be asked to
write and sign or make his mark on the following Certificate
at the end of the statement—
"I have read the above statement and I have been told
that I can correct, alter or add anything I wish. This statement
is true. I have made it of my own free will."
(f) If the person who has made a statement refuses
to read it or to write the above mentioned Certificate at the
end of it or to sign it, the senior police officer present shall
record on the statement itself and in the presence of the
person making it, what has happened. If the person making
the statement cannot read or refuses to read it, the officer who
has taken it down shall read it over to him and ask him
whether he would like to correct, alter or add anything and to
put his signature or make his mark at the end. The police
officer shall then certify on the statement itself what he has
done.
V. If at any time after a person has been charged with,
or has been informed that he may be prosecuted for an
offence a police officer wishes to bring to the notice of that
person any written statement made by another person who in
respect of the same offence has also been charged or informed
that he may be prosecuted, he shall hand to that person a true
copy of such written statement, but nothing shall be said or
done to invite any reply or comment. If that person says that
he would like to make a statement in reply, or starts to say
something, he shall at once be cautioned or further cautioned
Judges’ Rules
High Court 51
as prescribed by Rule III(a).
LAWS OF GUYANA
Cap. 3:02
[Subsidiary]
L.R.O. 1/2012
VI. Persons other than police officers charged with the
duty of investigating offences or charging offenders shall, so
far as may be practicable, comply with these Rules.
APPENDIX B
ADMINISTRATIVE DIRECTIONS ON INTERROGATION
AND THE TAKING OF STATEMENTS
1. Procedure generally
(a) When possible statements of persons under
caution should be written on the forms provided for the
purpose. Police officers' notebooks should be used for taking
statements only when no forms are available.
(b) When a person is being questioned or elects to
make a statement, a record should be kept of the time or times
at which during the questioning or making of a statement
there were intervals or refreshment was taken. The nature of
the refreshment should be noted. In no circumstances should
alcoholic drink be given.
(c) In writing down a statement, the words used
should not be translated into "official" vocabulary; this may
give a misleading impression of the genuineness of the
statement.
(d) Care should be taken to avoid any suggestion that
the person's answers can only be used in evidence against
him, as this may prevent an innocent person making a
statement which might help to clear him of the charge.
2. Record of interrogation
Rule II and Rule III(c) demand that a record should be
kept of the following matters—
(a) when, after being cautioned in accordance with
Rule II, the person is being questioned or elects to make a
Judges’ Rules
52 High Court
LAWS OF GUYANA
Cap. 3:02
[Subsidiary]
L.R.O. 1/2012
statement—of the time and place at which any such
questioning began and ended and of the persons present;
(b) when, after being cautioned in accordance with
Rule III (a) or (b) a person is being questioned or elects to
make a statement—of the time and place at which any
questioning and statement began and ended and of the
persons present.
In addition to the records required by these Rules full
records of the following matters should additionally be
kept—
(a) of the time or times at which cautions were
taken, and
(b) of the time when a charge was made and/or
the person was arrested, and
(c) of the matters referred to in paragraph 1(b)
above.
If two or more police officers are present when the
questions are being put or the statement made, the records
made should be countersigned by the other officers present.
3. Comfort and refreshment
Reasonable arrangements should be made for the
comfort and refreshment of persons being questioned.
Whenever practicable both the person being questioned or
making a statement and the officers asking the questions or
taking the statement should be seated.
4. Interrogation of children and young persons
As far as practicable children (whether suspected of
crime or not) should only be interviewed in the presence of a
parent or guardian, or, in their absence, some person who is
not a police officer and is of the same sex as the child. A child
Judges’ Rules
High Court 53
LAWS OF GUYANA
Cap. 3:02
[Subsidiary]
L.R.O. 1/2012
or young person should not be arrested, nor even
interviewed, at school if such action can possibly be avoided.
Where it is found essential to conduct the interview at school,
this should be done only with the consent, and in the
presence, of the head teacher, or his nominee.
5. Interrogation of foreigners
In the case of a foreigner making a statement in his
native language—
(a) the interpreter should take down the
statement in the language which it is made;
(b) an official English translation should be
made in due course and be proved as an
exhibit with the original statement;
(c) the foreigner should sign the statement at
(a).
Apart from the question of apparent unfairness, to obtain the
signature of a suspect to an English translation of what he
said in a foreign language can have little or no value as
evidence if the suspect disputes the accuracy of this record of
his statement.
6. Supply to accused persons a written statement of
charges
(a) The following procedure should be adopted
whenever a charge is preferred against a person arrested
without warrant for any offence—
As soon as a charge has been accepted by the appropriate
police officer the accused person should be given a written
notice containing a copy of the entry in the charge sheet or
book giving particulars of the offence with which he is
charged. So far as possible the particulars of the charge
should be stated in simple language so that the accused
Judges’ Rules
54 High Court
LAWS OF GUYANA
Cap. 3:02
[Subsidiary]
L.R.O. 1/2012
person may understand it, but they should also show clearly
the precise offence in law with which he is charged. Where
the offence charged is a statutory one, it should be sufficient
for the latter purpose to quote the section of the statute which
created the offence.
The written notice should include some statement on the
lines of the caution given orally to the accused person in
accordance with the Judges' Rules after a charge has been
preferred. It is suggested that the form of notice should begin
with the following words—
"You are charged with the offence(s) shown below. You
are not obliged to say anything unless you wish to do so, but
whatever you say will be taken down in writing and may be
given in evidence".
(b) Once the accused person has appeared before the
court it is not necessary to serve him with a written notice of
any further charges which may be preferred. If, however, the
police decide, before he has appeared before a court, to
modify the charge or to prefer further charges, it is desirable
that the person concerned should be formally charged with
the further offence and given a written etc.. . . copy of the
charge as soon as it is possible to do so having regard to the
particular circumstances of the case. If the accused person has
then been released on bail, it may not always be practicable or
reasonable to prefer the new charge at once, and in cases
where he is due to surrender to his bail within forty-eight
hours or in other cases of difficulty it will be suffi¬cient for
him to be formally charged with the further offence and
served with a written notice of the charge after he has
surrendered to his bail and before he appears before the
court.
7. Facilities for defence
(a) A person in custody should be allowed to speak on
Judges’ Rules
High Court 55
the telephone to his attorney-at-law or to his friends provided
that no hindrance is reasonably likely to be caused to the pro-
LAWS OF GUYANA
Cap. 3:02
[Subsidiary]
L.R.O. 1/2012
He should be supplied on request with writing materials
and his letters should be sent by post or otherwise with the
least possible delay. Additionally, telegrams should be sent at
once, at his own expense.
(b) Persons in custody should not only be
informed orally of the rights and facilities available to them,
but in addition notices describing them should be displayed
at convenient and conspicuous places at police stations and
the attention of persons in custody should be drawn to these
notices.
______________________
Judges’ Rules
56 High Court
cesses of investigation, or the administration of justice by his
doing so.
Read Entire Law on legalaffairs.gov.gy