George Worme v The Attorney General of Grenada

• Jurisdiction: Grenada
• Court: High Court (Grenada)
• Judge: Actie, J.
• Judgment Date: 30 December 2025
• Judgment citation (vLex): [2025] ECSC J0331-3
• Year: 2025
• Docket Number: CLAIM NO. GDAHCV2024/0360

In the Matter of Section 16 and Section 8, 8(2) and 8(7) the Constitution of Grenada in Schedule 1 of the Grenada Constitution Order 1973 Guaranteeing the Right to a Fair Trial and which Makes Provision to Secure the Protection of Law

and

In the Matter of Sections 2, 3, and Section 9 of the Supreme Court (Constitutional Redress Grenada) Rules, 196 S.R.O. 41 of 1968

and

In the Matter of Part 52, Rule 52.4 of the Eastern Caribbean Supreme Court Civil Procedure Rules 2000 (As Amended)

and

In the Matter of Section 65 of the Civil Procedure Act Cap 55 of the 2010 Revised Laws of Grenada

and

In the Matter of Sections 106 and 111 of the Constitution of Grenada in Schedule 1 of the Grenada Constitution Order 1973

and

In the Matter of Schedule 2 of the Said Constitution Order 1973, Paragraph 1(1) and (5) Thereof

and

In the Matter of Judgment Summons Proceedings in Claim No. GDAHCV2023/0485 (Formerly Claim No. GDAHCV1993/0039)

Between:

George Worme

Claimant

and

The Attorney General of Grenada

Defendant

Before:

The Hon. Mde. Justice Agnes Actie High Court Judge

CLAIM NO. GDAHCV2024/0360

IN THE SUPREME COURT OF GRENADA

AND THE WEST INDIES ASSOCIATED STATES

HIGH COURT OF JUSTICE

(CIVIL)

Appearances:

Mr. Dwight Horsford, Mr. Sasha Courtney and Mr. Anslem Clouden for the Claimant

Mr. Adeybayo Olowu for the Defendant

Actie, J.

1 The claimant alleges that judgment summons procedure implicates the constitutional rights of an individual under Section 8 of the Grenada Constitution.

2 The claimant in originating motion filed on 9 ^th September 2024 contends that the provisions of Section 65 of the Civil Procedure Act 1 (hereafter referred to as “the CPA”) and the Judgment Summons procedure under Part 52 of the CPR (Revised Edition) 2000 which confer jurisdiction and the process by which a judgment debtor may be imprisoned in consequence of failure to satisfy a judgment debt, contravene or are likely to contravene the right to a fair trial guaranteed under Section 8 of the Grenada Constitution.

Background Facts

3 The facts giving rise to the constitutional challenge are undisputed. The claimant was the Editor in Chief of the Grenada Today published by the Grenada Today Ltd., a company now in liquidation. By Claim No. 0039 of 1993, now Claim No. GDAHCV2023/0485, Theresa Braveboy obtained judgment against the claimant and the then Grenada Today Ltd. for libel in the sum of $42,500.00.

4 The last payment made in satisfaction of the judgment was on 10 ^th March 2003. On 22 ^nd May 2023, the judgment creditor, Theresa Braveboy, filed a judgment summons initiating committal proceedings requiring the claimant to appear and be examined on oath as to his means and to give reasons why he should not be imprisoned for failure to pay the judgment debt.

5 The claimant avers that twenty years have elapsed between the last payment and the lodgement of the judgment summons without execution or enforcement of the judgment, and that he is subject to the risk of imprisonment on a stale civil debt by an archaic procedure which is akin to a criminal proceeding, and incompatible with the protections provided in Section 8 of the Grenada Constitution.

6 The claimant seeks, among other things, the following relief:

• (1) A declaration pursuant to Section 16 of the Grenada Constitution that Section 8 of the Constitution is likely to be contravened in relation to the claimant by operation of the provisions of Section 65 of the CPA in the proceedings by Judgment Summons;

• (2) A declaration pursuant to Section 16 of the Grenada Constitution that the procedure for judgment summons under Part 52 of the CPR which engages provisions of Section 65 of the CPA for committal is subject to the fundamental protection for a fair trial guaranteed in Section 8 of the Grenada Constitution, namely:

  (i) the fact that the respondent judgment debtor had, since the date of the judgment, the means to pay the sum ordered and due is to be proven to the criminal standard of proof; (ii) the fact that the respondent judgment debtor has refused or neglected to pay the sum due must be proved to the criminal standard of proof; (iii) the burden of proof is at all times on the applicant judgment creditor in those proceedings; (iv) the respondent judgment debtor is not compellable to give evidence; and (v) the judgment debtor shall have the right to call witnesses in his behalf and to examine those witnesses called by the judgment creditor

• (3) An order that the provisions of Section 65 of the CPA are to be read and construed as incorporating guarantees and all reference to the procedure or process of judgment summons which may result in the incarceration of a judgment debtor under Section 65 of the CPA are to be construed as subject to those requirements of procedural fairness, so as to bring those provisions in Section 65 into conformity with the Constitution of Grenada.

Defendant's case

7 The defendant challenges the interpretation given by the claimant and states that the provision of Part 52 of the CPR and Section 65 of the CPA can be invoked separately or conjointly, and may be commenced by way of civil proceedings.

8 The defendant states that Part 52 and Section 65 are not in contravention of Section 8(2) of the Constitution of Grenada as the judgment debtor is never stripped of his presumption of innocence. The defendant states further that the provisions are also not in contravention of Section 8(7) of the Constitution as the judgment debtor can elect to give evidence by other means as to why he refuses to fulfil his debt obligations.

9 The defendant avers that the right to fair trial and requirement of procedural fairness of the claimant are not breached in contravention of Section 8 of the Constitution. The defendant states that the constitutional motion is frivolous, vexatious and ought to be dismissed.

Legal Analysis

10 The issue is whether Section 65 of the CPA and Part 52 Rule 52.5 of the CPR 2000 contravenes the constitutionally guaranteed right to a fair trial and the protection of law under Section 8 of the Constitution.

11 The relevant subsections of Section 8 of the Constitution, relied on by the claimant read as follows:

“(1) If any person is charged with a criminal offence, then, unless the charge is withdrawn, the case shall be afforded a fair hearing within a reasonable time by an independent and impartial court established by law.

(2) Every person who is charged with a criminal offence—

(a) shall be presumed to be innocent until he or she is proved or has pleaded guilty;

(b) shall be informed as soon as reasonably practicable, in a language that he or she understands and in detail, of the nature of the offence charged;

(c) shall be given adequate time and facilities for the preparation of his or her defence;

(d) shall be permitted to defend himself or herself before the court in person or, at his or her own expense, by a legal representative of his or her own choice;

(e) shall be afforded facilities to examine in person or by his or her legal representative the witnesses called by the prosecution before the court, and to obtain the attendance and carry out the examination of witnesses to testify on his or her behalf before the court on the same conditions as those applying to witnesses called by the prosecution; and

(f) shall be permitted to have without payment the assistance of an interpreter if he or she cannot understand the language used at the trial of the charge,

and except with his or her own consent the trial shall not take place in his or her absence unless he or she so conducts himself or herself as to render the continuance of the proceedings in his or her presence impracticable and the court has ordered him or her to be removed and the trial to proceed in his or her absence:

Provided that, in such circumstances as may be prescribed by law, the trial may take place in the absence of the person charged so long as no punishment of death or imprisonment (other than imprisonment in default of payment of a fine) is awarded in the event of his or her conviction.

…

(7) No person who is tried for a criminal offence shall be compelled to give evidence at the trial.

…

(13) In this section, “criminal offence” means a criminal offence under the law of Grenada.”

12 Sections 65 to 67 of the CPA prescribe the following:

“65. Imprisonment where debtor is able to pay and neglects or refuses

(1) The Court or magistrate may commit to prison for a period not exceeding six weeks, unless the sum ordered to be paid is sooner paid, any person who makes default in payment of any debt or instalment of any debt due from him or her in pursuance of an order or judgement, if it is proved to the satisfaction of the Court or magistrate that the person making default has, or since the date of the order or judgement has had, the means to pay the debt or instalment and has neglected or refused to pay it.

(2) Proof of the means of the person making default may be given in such manner as the Court or magistrate thinks just, and for that purpose the debtor and any witness may be summoned and examined.

(3) Notice of the application for the order of committal shall be given to the debtor, who shall be at liberty to attend and be heard on the hearing of the application.

(4) Any person imprisoned under this section shall be discharged as soon as he or she has satisfied the debt or instalment in respect of which he or she was imprisoned, and the costs.

66. Imprisonment for non-payment in special cases

In the following cases the High Court may commit to prison for a period not exceeding one year, namely—

(a) for default in payment of a penalty or sum in the nature of a penalty, other than a penalty in respect of a contract;

(b) for default by a trustee or person acting in a fiduciary capacity in payment of a sum in his or her possession or under his or her control which he or she is ordered to pay;

(c) for...