ARRANGEMENT OF SECTIONS

SECTION

PART I
PRELIMINARY

PART II
JUDGES OF THE COURT

PART III
JURISDICTION OF THE COURT

PART IV
PRACTICE AND PROCEDURE

PART V
PROBATE CAUSES AND MATTERS

PART VI
SITTINGS OF COURT, MODE OF TRIAL, ADJOURNMENT

PART VII
JUDGMENTS

PART VIII
OFFICES AND OFFICERS OF THE COURT

PART IX
MISCELLANEOUS

SCHEDULE - Persons Empowered to Administer Oaths.

CHAPTER 53

SUPREME COURT

[Assent 2nd July, 1996]
[Commencement 1st January, 1997]

"action" means a civil proceeding commenced by writ or in such other manner as may be prescribed by rules, but does not include a criminal proceeding by the Crown;

"cause" includes any action, suit or original proceeding between a plaintiff and a defendant and any criminal proceeding by the Crown;

"Court" means the Supreme Court established under Article 93 of the Constitution;

"defendant" includes any person served with any writ of summons or process, or served with notice of, or entitled to attend, any proceedings;

"former" and "formerly" mean, save where otherwise in this Act provided, immediately prior to the commencement of this Act;

"judge" means the Chief Justice or any justice appointed under Article 94 or 95 of the Constitution;

"judgment" includes decree;

"matrimonial cause" means any action for divorce, nullity of marriage or judicial separation;

"matter" includes every proceeding in court not in a cause;

"party" means every person who pursuant to or by virtue of rules of court or any other written law has been served with notice of or has intervened in any proceeding although not named in the record;

"petitioner" includes every person making any application to the Court either by petition, motion or summons, otherwise than as against a defendant;

"plaintiff" includes every person asking any relief (otherwise than by way of counterclaim) against any other person by any form of proceeding whether the proceeding is by action, suit, petition, motion, summons or otherwise;

"pleading" includes any petition or summons and also includes the statements in writing of the claim or demand of any plaintiff, and of the defence of any defendant thereto, and of the reply of the plaintiff to any counterclaim of a defendant;

"prescribed" means prescribed by rules;

"repealed Act" means the Supreme Court Act repealed by this Act;

"rules" means rules of court made under section 76 and includes forms;

"suit" includes action.

(2) The title of Senior Justice may be conferred upon any number of Justices (not exceeding two in number) by the Governor-General under the Public Seal acting on the advice of the Judicial and Legal Service Commission.

(3) Where the title of Senior Justice is conferred upon two Justices pursuant to subsection (2), one of the Senior Justices shall be resident in Nassau and the other in Freeport.

(4) The Court shall be deemed to be fully constituted during and notwithstanding any vacancy in the office of any judge.

(2) Subject to subsection (3), any judge sitting alone shall be qualified to exercise all the jurisdiction, authority and powers of the court.

(3) The Rules Committee may make rules under section 76 prescribing the jurisdiction, authority and powers of the court which shall be exercised by two or more judges sitting together.

(2) For the proper exercise of the Court's jurisdiction, the Chief Justice may, by order, establish divisions of the Court for the hearing of specific matters.

together with any other jurisdiction which was formerly vested in the Court as being a court with admiralty jurisdiction.

(2) The jurisdiction of the Court under paragraph (b) of subsection (1) includes power to settle any account outstanding or unsettled between the parties in relation to the ship and to direct that the ship or any share thereof shall be sold and to make such other order as the court thinks fit.

(3) The reference in paragraph (i) of subsection (1) to claims in the nature of salvage includes a reference to such claims for services rendered in saving life from a ship or an aircraft or in preserving cargo, apparel or wreck.

(4) The provisions of subsections (1) to (3) apply-

Provided that nothing in this subsection shall be construed as extending the cases in which money or property is recoverable under any of the provisions of the Merchant Shipping Act or the Civil Aviation Act.

(2) In the cases mentioned in paragraphs (a), (b), (c) and (r) of subsection (1) of section 8 an action in rem may be brought in the Court against the ship, aircraft or property in question.

(3) In any case in which there is a maritime lien or other charge on any ship, aircraft or other property an action in rem may be brought in the court against that ship, aircraft or property for the amount claimed.

(4) In the case of any such claim as is mentioned in paragraphs (d) to (q) of subsection (1) of section 8, where-

an action in rem may (whether the claim gives rise to a maritime lien on the ship or not) be brought in the court against-

(5) In the case of a claim in the nature of towage or pilotage in respect of an aircraft, an action in rem may he brought against that aircraft, if at the time when the action is brought it is beneficially owned by the person who would be liable on the claim in an action in personam.

(6) Notwithstanding anything in subsections (1) to (5) the admiralty jurisdiction of the Court shall not be invoked by an action in rem in the case of any such claim as is mentioned in paragraph (n) of subsection (1) of section 8 unless the claim relates wholly or partly to wages (including any sum allotted out of wages or adjudged by the Director of Maritime Affairs to be due by way of wages).

(7) Where, in the exercise of its admiralty jurisdiction the Court orders any ship, aircraft or other property to be sold, the Court shall have jurisdiction to hear and determine any question arising as to the title to the proceeds of sale.

(8) In determining for the purposes of subsections (4) and (5) whether a person would be liable on a claim in an action in personam it shall be presumed that the person is ordinarily resident or has a place of business within The Bahamas.

(2) The Court shall not entertain any action in personam to enforce such claims unless-

(3) For the purpose of subsection (2) the expression "territorial waters of The Bahamas" includes any port, dock or harbour of The Bahamas.

(4) The Court shall not entertain any action in personam to enforce such claims until any proceedings previously brought by the plaintiff in any court outside The Bahamas against the same defendant in respect of the same incident or series of incidents have been discontinued or otherwise come to an end.

(5) The provisions of subsections (2) to (4) shall apply to counterclaims (not being counterclaims in proceedings arising out of the same incident or series of incidents) as they apply to actions in personam, but as if the references to the plaintiff and the defendant were respectively references to the plaintiff on the counterclaim and the defendant to the counterclaim.

(6) The provisions of subsections (2) to (5) shall not apply to any action or counterclaim if the defendant thereto submits or has agreed to submit to the jurisdiction of the Court.

(7) Subject to subsection (4), the Court shall have jurisdiction to entertain an action in personam to enforce such claims whenever any of the conditions specified in paragraphs (a), (b), and (c) of subsection (2) are satisfied, and the rules of court relating to the service of process outside the jurisdiction shall make such provision as may appear to the Rules Committee to be appropriate having regard to this subsection.

(8) For the avoidance of doubt it is hereby declared that this section applies in relation to the jurisdiction of the Court not being its admiralty jurisdiction, as well as in relation to its admiralty jurisdiction, if any.

"collision regulations" has the same meaning as in section 2 of the Merchant Shipping Act;

"goods" includes baggage;

"master" has the same meaning as in section 2 of the Merchant Shipping Act and accordingly includes every person (except a pilot) having command or charge of a ship;

"ship" includes any description of vessel used in navigation;

"towage" and "pilotage" in relation to an aircraft mean towage and pilotage while the aircraft is water borne.

(2) No person shall after the commencement of this Act be entitled to petition the Court for restitution of conjugal rights.

(2) The court shall give the, same effect as hitherto-

and subject to this or any other Act, shall so exercise its jurisdiction in any cause or matter before it as to secure that as far as possible all matters in dispute between the parties are completely and finally determined, and all multiplicity of legal proceedings with respect to any of these matters is avoided.

(3) Nothing in this Act shall affect the power of the Court to stay any proceedings before it, where it thinks fit to do so, either of its own motion or on the application of any person whether or not a party to the proceedings.

(2) Every such order shall be final, subject to any right of appeal therefrom.

(2) The Court may also, if the case so requires, declare the office vacant.

shall be made in accordance with rules of court by a procedure to be known as an application for judicial review.

(2) A declaration may be made or an injunction granted under this subsection in any case where an application for judicial review seeking that relief, has been made and the Court considers that, having regard to-

it would be just and convenient for the declaration to be made or the injunction to be granted, as the case may be.

(3) No application for judicial review shall be made unless the leave of a judge has been obtained in accordance with rules of court; and the judge shall not grant leave to make such an application unless the applicant has a sufficient interest in the matter to which the application relates.

(4) On an application for judicial review the Court may award damages to the applicant if-

(5) If, on an application for judicial review seeking an order of certiorari, the Court quashes the decision to which the application relates, the Court may remit the matter to the court, tribunal or authority concerned, with a direction to reconsider it and reach a decision in accordance with the finding of the Court.

(2) In every case where the person by or in respect of whom an application for habeas corpus is made is restrained as a person liable, or treated by any written law as liable, to be detained in pursuance of an order made under part VI of the Mental Health Act, the application shall be deemed for the purposes of this section to constitute a criminal cause or matter.

(3) In this section "application for habeas corpus" means an application for a writ of habeas corpus ad subjiciendum and references to a criminal application or a civil application shall be construed according as to whether the application does or does not constitute a criminal cause or matter.

(2) Any such order may be made either unconditionally or on such terms and conditions as the Court thinks fit.

(3) If, whether before, or at, or after the hearing of any cause or matter, an application is made for an injunction to prevent any threatened or apprehended waste or trespass, the injunction may be granted, if the Court thinks fit, whether the person against whom the injunction is sought is or is not in possession under claim of title or otherwise, or (if out of possession) does or does not claim a right to do the act sought to be restrained under any colour of title, and whether the estates claimed by both or either of the parties are legal or equitable.

(2) Any such rules which make provision in accordance with subsection (1) may include provision for enabling a party to any proceedings who, in pursuance of such an order, has made an interim payment to recover the whole or part of the amount of the payment in such circumstances, and from such other party to the proceedings, as may be determined in accordance with the rules.

(3) Any rules made by virtue of this section may include such incidental, supplementary and consequential provisions as the Rules Committee may consider necessary or expedient.

(4) Nothing in this section shall be construed as affecting the exercise of any power relating to costs, including any power to make rules of court relating to costs.

(5) In this section "interim payment" in relation to a party to any proceedings, means a payment on account of any damages, debt or other sum (excluding any costs) which that party may be held liable to pay to or for the benefit of another party to the proceedings if a final judgment or order of the court in the proceedings is given or made in favour of that other party and any reference to a party to any proceedings includes any person who, for the purposes of the proceedings, acts as next friend or guardian of a party to the proceedings.

(2) On the application, in accordance with rules of court, of a party to any such proceedings as are referred to in subsection (1), the Court shall, in such circumstances as may be specified in the rules, have power to make an order providing for any one or more of the following matters, that is to say-

(3) The provisions of subsections (1) and (2) are without prejudice to the exercise by the Court of any power to make orders which is exercisable apart from those provisions.

(2) Without prejudice to the generality of subsection (1), rules of court shall be made for the purpose of ensuring that the costs of and incidental to proceedings for an order under section 24 or 25 incurred by the person against whom the order is sought shall be awarded to that person unless the Court otherwise directs.

(3) In section 23, 24 and 25-

"property" includes any land, chattel or other corporeal property of any description;

"personal injuries" includes any disease and any impairment of a person's physical or mental condition.

Provided that the court shall not make an order under any of the aforesaid sections, if it considers that compliance with the order if made would be likely to be injurious to the public interest.

(2) If the person against whom an order is sought under this section is unable on account of poverty to retain a counsel and attorney, the Court shall assign a counsel and attorney to him.

(3) A copy of an order made under this section shall be published in the Gazette.

(2) Nothing in this section shall alter the practice in any criminal cause or matter or in bankruptcy.

(2) The records shall be in such form and shall contain such particulars as the Chief Justice shall direct.

(2) Where the estate of a deceased person is known to be insolvent, the grant of representation of it shall not be severed except as regards a trust estate in which the deceased had no beneficial interest.

(3) Provision may be made by probate rules and orders for adapting to the case of real estate, the practice and procedure on the grant of administration.

(2) Any person who, having been required by the court to do so under this section, fails to bring in any document shall be guilty of contempt of court.

(2) The Court may-

(3) Any person who, having been required by the Court to do so under this section fails to attend for examination, answer any question or bring in any document shall be guilty of contempt of court.

(2) A grant of probate or administration may be revoked under subsection (1) without being called in if it cannot be called in.

(3) Where it appears to the Court that a grant resealed pursuant to section 49 ought not to have been resealed, the Court may call in the relevant document and may, if satisfied that the resealing could be cancelled at the instance of a party interested, cancel the resealing.

(4) A resealing may be cancelled under subsection (3) without the relevant document being called in, if it cannot be called in.

(5) In subsections (3) and (4) "the relevant document" means the original grant or, where some other document was sealed by the Court, that document.

(2) The judge shall have power to enforce any administration bond or to assign it in accordance with the provisions of this section to some other person.

(3) An administration bond shall be in such form as may be directed by probate rules and orders.

(4) An administration bond shall be in a penalty of double the amount at which the estate and effects of the deceased are sworn unless the judge in any case thinks fit to direct the same to be reduced, and the judge may also direct that more bonds than one be given so as to limit the liability of any surety to such amount as the judge thinks reasonable.

(5) Where it appears to the satisfaction of a judge that the condition of an administration bond has been broken, the judge may, on an application in that behalf, order that the bond shall be assigned to such person as may be specified in the order, and the person to whom the bond is ordered to be assigned shall be entitled, by virtue of the order, to sue thereon in his own name as if it had originally been given to him instead of to a judge and to recover thereon as trustee for all persons interested, the full amount recoverable in respect of the breach of the condition thereof.

(6) Without prejudice to any proceedings instituted before the date of commencement of this Act, any administration bond given under the repealed Act may be enforced or assigned as if it had been given to a judge under this section.

(7) Probate rules and orders may be made by the Rules Committee under this Act for providing that sureties to administration bonds shall not be required when the grant is made to a trust corporation or to two or more individuals or in any other proper case.

Provided that such Public Trustee shall be subject to the same liabilities and duties as if he had given the bond required by such section:

Provided also that all fees of court or stamp duties imposed by any Act or rule on or in respect of any bond or other document shall nevertheless be paid by such Public Trustee as if he had given such bond.

(2) Where under a will or an intestacy any beneficiary is a minor or a life interest arises any grant of probate or administration shall be made either to a trust corporation (with or without an individual) or to not less than two individuals unless it appears to the Court to be expedient in all the circumstances to appoint an individual as sole administrator.

(3) For the purpose of determining whether a minority or life interest arises, the Court may act on such prima facie evidence furnished by the applicant or any other person or such evidence as may be prescribed by probate rules and orders.

(4) If there is only one personal representative, not being a trust corporation, then during the minority of a beneficiary or the subsistence of a life interest and until the estate is fully administered, the Court may, on the application of any person interested or of the guardian, committee or receiver of any such person, appoint one or more personal representatives in addition to the original personal representative in accordance with probate rules and orders.

and the corporation may act accordingly as executor or administrator as the case may be.

(2) Probate or administration shall not be granted to a nominee on behalf of a trust corporation.

(3) Any officer authorized for the purpose by a trust corporation or the directors or governing body thereof may, on behalf of the corporation swear affidavits, give security and do any other act or thing which the Court may require with a view to the grant to the corporation of probate or administration and the acts of an officer so authorized shall be binding on the corporation.

Provided that-

(2) An administrator pending suit shall be subject to the control of the Court and act under its direction; and except in such circumstances as may be prescribed no distribution of the estate or any part of the estate of the deceased person shall be made by such an administrator without leave of the Court.

(3) The Court may, out of the estate of the deceased, assign to an administrator appointed under this section such reasonable remuneration as the Court thinks fit.

(2) The Court may, for the purpose of any legal proceedings to which the administrator under the special administration is a party, order the transfer into Court of any money or securities belonging to the estate of the deceased person and all persons shall obey any such order.

(3) If a personal representative capable of acting as such returns to and resides within the jurisdiction of the Court while any legal proceedings to which the special administrator is a party are pending, that personal representative shall be made a party to the legal proceedings and the costs of and incidental to the special administration and the legal proceedings shall be paid by such person and out of such fund as the Court in which the proceedings are pending may direct.

(2) Where a testator by his will appoints an infant to be an executor, the appointment shall not operate to transfer any interest in the property of the deceased to the infant or to constitute the infant a personal representative for any purpose unless and until probate is granted under this section.

Provided that the Court before sealing a probate or letters of administration under this section-

And provided further that the Court may, if it thinks fit, on the application of any creditor, require before sealing that adequate securities be given for the payment of all debts due from the estate to creditors in The Bahamas.

(2) For the purposes of this section, a duplicate of any probate or letters of administration sealed with the seal of the court granting the same, or a copy thereof certified as correct by or under the authority of the Court granting the same, shall have the same effect as the original.

Provided-

(2) The bank shall not be liable in respect of any claim by any person in connection with a payment made in accordance with this section but any person may nevertheless recover any sum lawfully due to him from the person receiving any payment so made.

(2) Where any person who is a national of such a state-

then if the said national is not resident in The Bahamas, a consular officer of that state shall have the like right and power to receive and give a valid discharge for any such money or property as if he were duly authorised by power of attorney to act for him in that behalf:

Provided that no person shall be authorised or required by this subsection to pay or deliver any money or property to a consular officer if it is within his knowledge that any other person in The Bahamas has been expressly authorised to receive that money or property on behalf of the said national.

(3) Notwithstanding any rule of law conferring immunity or privilege in respect of the official acts and documents of consular officers, a consular officer shall not be entitled to any immunity or privilege in respect of any act done by virtue of powers conferred on him by or under this section or in respect of any document for the time being in his possession relating thereto.

"administration" includes all letters of administration of the effects of deceased persons, whether with or without a will annexed and whether granted for general, special or limited purposes; and includes Scottish confirmations;

"estate" means real and personal estate, and the expression "real estate" includes-

"grants" means a grant of probate or administration;

"non-contentious or common form probate business" means the business of obtaining probate and administration where there is no contention as to the right thereto, including the passing of probate and administration through the Court where the contest has terminated, and all business of a non-contentious nature in matters of testacy and intestacy not being proceedings in any action, and also the business of lodging caveats against the grant of probate or administration;

"testamentary cause or matter" includes all causes or matters relating to the grant or revocation of probate or administration;

"trust corporation" means the Public Trustee or a corporation either appointed by the Court in any particular case to be a trustee or authorized by rules under the Public Trustee Act, to act as custodian trustee;

"will" includes any testamentary instrument of which probate may be granted.

(2) Unless otherwise directed by the Chief Justice or provided by rules of court, matters filed in the office of the Registrar which is located in Freeport shall be heard by the Court sitting in Freeport and other matters filed in the office of the Registrar in Nassau shall be heard by the Court sitting in Nassau.

at such times and in such places as the Chief Justice may direct.

(2) No criminal matter shall lapse by reason of non-completion before commencement of a new legal year.

(3) In this section and in this Act "legal year" means the period commencing the second Wednesday in January in one year and ending the day before the second Wednesday in January the following year.

(2) The Court shall sit for the purpose of hearing appeals in civil causes and matters at such times and in such places as the Chief Justice may direct.

is in issue, the action shall be ordered to be tried with a jury unless the Court or judge is of opinion that the trial thereof requires any prolonged examination of documents or accounts or any scientific or local investigation which cannot conveniently be made with a jury, but save as aforesaid, any action to be tried in the Court may in the discretion of the Court or judge be ordered to be tried either with or without a jury:

Provided that the provisions of this section shall be without prejudice to the power of the Court or a judge to order, in accordance with rules of court, that different questions of fact arising in any action be tried by different modes of trial, and where any such order is made the provisions of this section requiring trial with a jury in certain cases shall have effect only as respect questions relating to any such charge or claim as aforesaid.

Provided that no Provost Marshal or other officer shall be bound to sue any party liable upon any such cheque, bill of exchange, promissory note, bond, specialty or other security, unless the party suing out such execution enters into a bond, with two sufficient sureties, for indemnifying him from all costs and expenses to be incurred in the prosecution of such action, or to which he may become liable in consequence thereof, the expense of such bond to be deducted out of any money to be recovered in such action.

and the judgment shall bind:

(2) A charge imposed under subsection (1) shall have the like effect and shall be enforceable in the same manner as an equitable charge created by the debtor by writing under his hand.

(3) The preceding provisions of this section shall apply in relation to a judgment, order, decree or award (however called) of any court or arbitrator (including any foreign court or arbitrator) which is or has become enforceable, as if it were a judgment or order of the Supreme Court as they apply in relation to a judgment or order of the Supreme Court.

(4) A charge imposed by this section shall take priority over all other mortgages or charges affecting the land other than-

(5) For the purposes of subsection (4), "registered" means lodged and accepted for record in the Registry in accordance with the Registration of Records Act.

(2) The said power shall be in addition to and not in derogation from any power of the Court to appoint a receiver in proceedings for enforcing such a charge.

to be the Registrar of the Supreme Court.

(2) The Registrar shall have such jurisdiction, powers and duties as are by this Act or rules of court conferred or imposed upon the Registrar.

(2) The Registry shall be kept open for the transaction of business on every day of the year except Saturdays and Sundays and public holidays, from the hour of nine-thirty o'clock in the morning until the hour of three o'clock in the afternoon, unless the court shall direct that the office hours shall be otherwise than as aforesaid.

(3) Save as may otherwise be provided by rules of court, documents in respect of-

(4) Proceedings to which subsection (3) does not apply shall be filed in the office located in Nassau.

(5) Documents relating to proceedings instituted by the Crown in the criminal jurisdiction of the Court shall be filed by the Crown in Nassau regardless of the place of residence of the accused to whom the proceedings relate or the place where the offence took place but any such proceedings may be heard in the Court House in or at Freeport having regard to the convenience of the witnesses or other relevant factors.

(6) In this section, a reference to the "northern region" is a reference to the Family Islands of Grand Bahama, the Abacos and the Biminis.

(2) The Deputy Registrars and Assistant Registrars, shall have all such powers and perform all such duties as may be prescribed by this Act or by rules of court, and carry out all such functions and transact all such business as the Registrar, with the approval of the Chief Justice, shall require.

(2) A bailiff, marshal or assistant marshal shall have, in the exercise of his duties and functions, all the powers and privileges of a peace officer and shall perform such duties as the Chief Justice may direct.