Christian v Martin

• Jurisdiction: Antigua and Barbuda
• Judge: Gordon, J.A.,Lewis, C.J.,ST. BERNARD, J.A.
• Judgment Date: 17 March 1970
• Neutral Citation: AG 1970 CA 2
• Docket Number: Magisterial Appeal No. 2 of 1970
• Court: Court of Appeal (Antigua and Barbuda)
• Date: 17 March 1970

Court of Appeal

Lewis, C.J.; Gordon, J.A.; St. Bernard, J.A. (Acting)

Magisterial Appeal No. 2 of 1970

Christian

and

Martin

Appearances:

F.M. Lake for appellant

F.A. Clarke for respondent

Practice and procedure - Summons — Serving of summons — Summary Jurisdiction Act — Whether there was proper serving of summons.

Facts: Evidence revealed that the return of service did not state with whom the summons was supposed to have been left at the defendant's residence.

Held: The service of summons was not in order and therefore the judgment entered by the learned magistrate was bad. Appeal allowed and matter remitted for new trial.

Gordon, J.A.

1 The appellant in this case appeals against an order which was made by the magistrate entering judgment on behalf of the plaintiff/respondent for $100.00 damages and costs $19.00.

2 The appellant appealed on the ground that there was no proper service of the summons and, further, that she never received the summons. An affidavit in support has been filed.

3 The documents before the court clearly indicate that section 19 of the Summary Jurisdiction Act was not complied with. The return of service does not state...