Kidd v Graham

• Jurisdiction: Trinidad & Tobago
• Judge: Wooding, C.J.
• Judgment Date: 17 October 1968
• Neutral Citation: TT 1968 CA 89
• Docket Number: Mag. App., No. 421 of 1968
• Date: 17 October 1968
• Court: Court of Appeal (Trinidad and Tobago)

Court of Appeal

Wooding, C.J.; Phillips, J.A.; Fraser, J.A

Mag. App., No. 421 of 1968

Kidd

and

Graham

Appearances:

Dr. A. Wills for the appellant.

Mrs. V. O. Alcala for the respondent.

Practice and Procedure - Service of summons.

Wooding, C.J.

1 Having regard to Mr. Annisette's evidence it is manifest in our view that, although the appellant was served with the summons personally as sworn by the serving officer and there was proof of such service before the matter came on for hearing on May 16. It thus became incompetent for the magistrate to take the matter on that day since service had not been effected three days prior to the hearing. Consequently, the matter had to be adjourned. The question then arose whether a fresh summons should be issued or what should be done to notify the appellant of the new date of hearing.

2 It seems to have been generally...