Order 8 of the Rules of High Court deals with effecting service of court documents. Service of a court documents is the process of making sure that any person who is required to be given a copy of an application, summons or any document filed with court is given it in a way which complies with order 8 of the Rules of High Court. The first important rule relates to the requirements of giving
notice of the originating process.
Who can serve?
Any adult who has no interest in the cause and is able to explain its nature and contents.
No interest: someone who does not stand to benefit.
Adult: someone over the age of 16 years.
What time can court documents be served?
Order 8 rule (1) states that unless in cases of arrest; writs of summons, petitions, orders, pleadings and any other documents shall not be served on a Sunday, and between 7pm and 7am of any day.
Personal Service order 8 rule 2 (1)
How is personal service effected?
An originating process is required to be served personally on the respondents or defendants named in the originating documents. This can be done by leaving a copy of the document with the person or if the person does not accept the copy by putting the copy down in the person’s presence and telling the person the nature of the document. Even people in prison should be served personally.
Personal service on a corporation/ company
Personal service of a document on a corporation is affected;
– By personally serving the document on a principal officer of the corporation.
– Delivery of a copy to a responsible employee at its registered office or its principal place of business with the jurisdiction or
– By affixing a copy at the main door of such office or place of business.
Instances where personal service is not effective
Personal service that has been effected by an interest party in a matrimonial proceedings or proceedings involving custody. This was illustrated in the case of Mmereki Poloko v Ephenia and another.
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