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DISTRICT COURT (CIVIL PROCEDURE) RULES, 2004

 

      Rule        

 

                           ORDER 4

                SERVICE OF PROCESS  

Time and Manner of Service

1. (l) A writ or document intended for service shall be served on a party within the time and in the manner specified by these Rules or directed by the Court.

(2) Subject to sub-rule 7 where service of a notice, summons, order, or other document is required, the service may be made by a bailiff or other officer of the Court at a reasonable time on any day.

(3) In furtherance of subrule (2), a person authorised by the Court shall be deemed to be an officer of the Court.

(4) A bailiff who serves a document shall, at the request of the party served, explain to the party the contents of the document.

(5) Unless the Court considers it just and expedient to direct other­wise, service shall be personal with the document to be served being delivered to the person to be served.

(6) Service of a document is completely effected if a duplicate or an attested copy of the document is delivered without the exhibition of the original.

(7) Service may be made out of a particular jurisdiction without permission from the Court.

(8) Service shall not be made on weekends and public holidays unless otherwise directed by the Court.

Service on particular persons

2. (1) Where a partner of a firm is sued in the name of the firm, the writ or other document intended for service shall be sufficently served

                                 (a) either on anyone or more of the partners, or

                                 (b) on any person at the principal place of business of the firm within the jurisdiction, who has at the time of the service the control or management of the business.

      (2) Where provision is not made by any other enactment for the service of a document on a body corporate, service is effected by serving the document on the chairperson, president, or other head of the body, or on the managing director, secretary, treasurer or other similar officer ·of that corporate body.

(3) Service of a document on a stool or skin is effected by serving the document on

                        (a) the occupant of that stool or skin or on the secretary, clerk or linguist of that stool or skin, or

                        (b) the regent or caretaker of that stool or skin if the stool or skin is vacant .

(4) Service of a document on a family is effected by serving the document on

            (a) the head of the family, or

                            (b) any member of the family who is, or is acting as the care­taker of any property of that family or

            (c) on any person who is a principal member of the family.

(5) Service of a document on a person who is in prison or detention is effected by serving the document

                                      (a) through the person who is or appears to be in charge of the prison or place of detention, or

                                     (b) where access cannot be readily had to the person in charge, through any warder, guard or similar officer of that prison or place of detention.

(6) Service of a writ or any other document intended for service on

                           (a) a Minister of State in that Minister's official capacity, or

                           (b) a Ministry or government department

is effected by serving the writ, process, or other document on the administrative head of the Ministry or the Department.

Service of documents on persons with disability

3. (1) In a cause or matter where a document is required to be served personally on a person with disability, the document is duly served, if served on

(a) the father, mother or guardian of the person with disability, or (b) the person with whom the person with disability resides or under whose care the person with disability is.

(2) DespIte subrule (1) the Court may determine that a document to be served on a person wIth disability is duly served if served on that person.

(3) Where the person to be served is employed by the Republic, the Court, may transmit a duplicate of the document to be served to the head of the department in which that person is employed, and the head shall cause the document to be served on that person.

Process Book

4. (1) There shall be in every Court, a Process Book in which details of service and non-service shall be entered.

(2) An affidaVIt of service as set out in Form 3 in the First Schedule, which is duly deposed to by the person who effects the service is on pro­duction, prima facie evidence of service.

Substituted service

5. Where it appears to the Court either after or without an attempt at personal service that for any reason personal service cannot be conve­niently effected, the Court may order that service be effected

                                      (a) by delivery of the document to an adult resident at the usual or last known place of abode or business of the person to be served, or

                                      (b) by delivery of the document to a person who is an agent of the person to be served, or to some other person, if it is proved that there is reasonable probability that the docu­ment will, through that agent or other person, come to the knowledge of the person to be served, or

                      (c) in any other manner that the Court directs.

Proof of Service

6. (1) Where the bailiff or other officer of the Court charged with the service of a writ or other document, on any person is unable to effect service because

                     (a) the person to be served refuses to accept service, or

                                     (b) the bailiff or other officer of the Court is prevented by the violence or threats of that person, or any other person in concert with him, from personally serving the writ or document,

it is sufficient to inform the person to be served of the nature of the writ or document, and to leave the writ or document as near to that person as practicable.


 

(2) Where service of a writ or document is effected by a bailiff or other officer of a Court, a certificate of service as set out in Form 4 in the First Schedule signed by that bailiff or other officer shall on production without proof of signature be prima facie evidence of service.

 

 

 

 

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