Dear Managers of the Court, and Justice Reform System of Jamaica,
The Civil Resident Magistrate Court, Sutton Street location, is now forcing litigants to have the Bailiff serve notice of adjournment and alarmingly even in RECOVERY OF POSSESSION cases.. Several questions arise that forces me to bring this to your urgent attention for an investigation and address of this matter. The main one being that this move seems not be enforcing justice, but another step in a game being played by the Bailiff office following a rather alarming article, riddled with unfounded claims and lacking thorough investigations that was published in the Gleaner. earlier this year.
The article was mostly centered around by Mr Sheriah, head Kingston bailiff about ‘touts’ and bailiff service, but lacked a balance so evidenced lack of thorough investigations.
Hence this latest move adds injury to litigants who already are complaining about customer relations and unjust processes at that location. Please therefore review the following questions in your probe that needs consideration if such a process should be introduced as an obligation by the public.
1. Is this a law made and passed without even a bill, when clearly the LAWS OF JAMAICA stipulate that a recovery of possession can be affixed to a visible place such AS THE DOOR FRONT.. several cases of recovery are being put for notice of adjournment.. WHY
2. When evasive Defendants are to be served for recovery of possession, are being evasive since they got their summons who will these Bailiff serve.. So the owners will NEVER get their place because Defendants can now hide when there is a pending follow up notice of adjournment
3. HOW can THE RESIDENT MAGISTRATE institute a system forcing further hardship on litigants with no money.. SEEING that the bailiff office NEVER does work without pay.. not even by a contract to collect after work
4. Why is this being done ONLY at Resident Magistrate’s Court Sutton .. At the Family Court where the Bailiff or police serve summons.. THATS FREE.. Why are litigants now forced to cough up bucks at the Resident Magistrate, Sutton Street location only.. EVERY LITIGANT AND ATTORNEY should truley wonder
5. Is the COURT now allowed to infringe on the citizens rights to choose.. the ACT still says litigants could use several means of service
6.Is this a signal that the complaints by the clients of the Court about the Bailiff office and its staff are going unattended?
7. I have heard several discussions held in public space, where persons argued that this might seem to be a plan to get properties from poor persons earning rent for their property.. or is even another SCAM to get monies from an already frustrated sector of society. Needless to say the cries of those who have before complained about the service of the combined staff of Bailiff office and court seems to be ignored.
Imagine that the incumbent government could be blamed, and after all the Court is where Jamaicans should get justice if nowhere else.
Anthea McGibbon (Ms)
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