LAWS OF TRINIDAD AND TOBAGO PETTY CIVIL COURTS ACT CHAPTER 4:21 Transfer of actions for the recovery of land to the High Court. 12. (1) Where an action for the recovery of land is commenced in a Court, the defendant or his landlord may, within such time as may be prescribed by rules made under this Act, apply to a Judge of the High Court in Chambers for a summons to the plaintiff to show cause why the action should not be transferred to the High Court on the ground that the title to land of greater annual value than fifteen thousand dollars would be affected by the decision in the action or that some important question of law or fact is likely to arise. (2) On the hearing of any such summons, the Judge of the High Court, if satisfied that such a title as mentioned above would be so affected or that some important question of law or fact is likely to arise as aforesaid, may order that the action be transferred to the High Court. (3) Where, in an action for the recovery of land commenced in a Court, no application is made to the High Court in accordance with this section, or where such an application is made but no order is made for the transfer of the action, the Court shall have jurisdiction to hear and determine the action notwithstanding the provisions of this Act relating to actions in which the title to hereditaments comes in question. (4) Where an action is transferred from a Court to the High Court in accordance with this section, the costs of the whole proceedings both before and after the transfer shall be in the discretion of the High Court.
Posted on: Tue, 27 Aug 2013 00:33:28 +0000
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