Dear Legal Wiz,
Last Saturday I found out that my landlord started and won a case against me in the Resident Magistrates Court in Kingston.
I was told that he now has power from the Court to evict me from the house which I rented from him.
I found all this out after I showed a document left on my verandah to the court staff downtown. I got the document from my niece who called me when I was at work to tell me that a man had thrown it down.
The Court clerk said there was nothing more I could do except to move out by the deadline on the ‘formal order’. I cant move in that time as the order was made on the tenth for me to move on the 14th. But apart from that I believe that all this is unfair and very wicked. I need assistance because I cannot believe that this is the right way. The landlord owes my wife and I monies and instead of trying to work it out, he went behind our backs. To be honest we just want time to get somewhere and the office clerk is telling me the time to apply for an extension is passed.
I believe that something can be done, and somebody told me I should write to you. Please find a way to help me.
RESPONSE: Dear Barry,
The first thing you need to know is that in order for the Resident Magistrate to continue any matter, he/she must have been satisfied that the summons was properly served in accordance with the law.
Your challenge would be to prove that you really did not know about the matter or any relating documents whatsoever.
Your claims might very well be valid and therefore you will need an attorney-at-law to assist you especially if you get to secure a hearing before the Resident Magistrate.
To apply for such an hearing so that you can attempt to get the order set aside documents will have to be drafted, filed at the Court, and also served on the landlord as he was the successful plaintiff. To get these documents initially done, you have the options to either rely on the Clerk of court, use an attorney-at-law or contract our services as the legal wiz team.
That said, if you are successful with getting a hearing, the landlord cannot do anything to you before the hearing date. What happens after depends on the case made out to the Resident Magistrate, and his/her decision.
Please write again if you need us to assist you further.