SERVICE OF PROCESS
Who qualifies for service of process
“Personal service of a petition, notice, summons, order or other document, of which
service is required may be made by any person”
Proof of service
Any person serving a writ of summons or other originating process, default of
appearance to which, under Order XII, would entitle the plaintiff to enter final or
interlocutory judgment, shall request the party served to acknowledge receipt by
signing on the original or other copy of the process or on some other document
tendered for the purpose, and the fact of any refusal to sign shall be so endorsed by
the person serving.
MODES AND TIME FOR SERVICE
Personal Service –
Order 10 rule 2 of the High Court Rules states as follows on the mode and time for
service:
“(1) All writs, notices, pleadings, orders, summonses, warrants and other
documents, proceedings and written communications, in respect of which
personal service is not requisite, shall be sufficiently served if left at the
address for service of the person to be served, as defined by Orders VII and
XI, with any person resident at or belonging to such place, or if posted in a
prepaid registered envelope addressed to the person to be served at the
postal address for service as aforesaid:
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Provided that, where service under this rule is made by registered post, the
time at which the document so posted would be delivered in the ordinary
course of post shall be deemed/considered as the time of service thereof.
Where service is personal, the document to be served shall be delivered to
the person to be served himself. Service shall be completely effected by the
delivery of a duplicate or attested copy of any document, without the
exhibition of any original.”
Service on Government Department
“All documents required to be served on the State for the purpose of or in
connection with any civil proceedings by or against the State shall be served
on the officer of the Attorney-General’s Chambers having conduct of such
proceedings, or, if a legal practitioner in private practice is acting for the State
in such proceedings, on such legal practitioner.”
Service on Partners
Order 10 rule 11 HCR
“Where partners are sued in the name of their firm, the writ or other
document shall be served either upon any one or more of the partners, or at
the principal place within the jurisdiction of the business of the partnership
upon any person having, at the time of the service, the control or
management of the partnership business there; and such service shall be
deemed good service upon the firm.
Prisoner
Order 10 rule 12 HCR
Where a person to be served is a prisoner in a prison, it shall be sufficient service to
deliver the writ to the officer in charge thereafter who shall cause to be served on the
prisoner.
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Dies non
Service in a civil cause cannot be effected on a Sunday, good Friday or Christmas
day.
Certificate of service
Order 10 rule 20 HCR
In all cases where service of any writ or document shall have been effected by a
bailiff or other officer of the court, a Certificate of Service signed by such bailiff shall
be on production be prima facie evidence of service.
Endorsement of service
Order 10 rule 22 HCR
The person serving a court of summons shall within 3 days at most after such service
endorse on the writ the day of the date of service & prepare an affidavit of service .
This shall apply to substituted & other service too.
Substituted service
Order 10 rule 3 provides that-
“Where personal service of any writ, notice, pleading, summons, order,
warrant or other document, proceeding or written communication is required
and it is made to appear to the Court or a Judge that prompt personal service
cannot be effected, the Court or a Judge may make such order for substituted
or other service, or for the substitution for service of notice by letter, public
advertisement or otherwise, as may be just. Every application to the Court or
a Judge for an order to be made under this rule shall be supported by an
affidavit setting forth the grounds upon which the application is made.”
The application is ex parte summons accompanied by an affidavit setting out grounds
why you intend to serve the court documents by substituted service. The application is
made after the court process has been successfully been issued and cause listed
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Sample summons for leave to serve by substituted service
IN THE HIGH COURT FOR ZAMBIA 2024/HP/002
AT THE PRINCIPAL REGISTRY
HOLDEN AT LUSAKA
(Civil Jurisdiction)
BETWEEN:
ZIALE INVESTMENTS LIMITED PLAINTIFF
AND
HARDNECK KUMWENDA DEFENDANT
_______________________________________________________________________
EX-PARTE SUMMONS FOR AN ORDER FOR LEAVE TO SERVE WRIT OF SUMMONS Commented [u1]: State the court document you intend
by substituted service such originating summons,
BY SUBSTITUTED SERVICE PURSUANT TO ORDER 10 RULE 3 OF HIGH COURT originating notice of motion etc
RULES CHAPTER 27 OF THE LAWS OF ZAMBIA
_________________________________________________________________________
LET THE PARTY CONCERNED attend before the Hon Mr/Lady Justice --------------------------
-------------- in chambers on the ------------ day of ------------------------- 2024 at ----------------
hours in the --------------- noon or soon thereafter on the hearing of an application on the part
of the Plaintiff for an order for leave to serve the writ of summons by substituted service by
advertising in a Daily Newspaper with wide circulation in Zambia. Commented [u2]: State specific mode by which you the
court correspondence to served eg advertising in daily
newspaper, govt gazette etc
AND THAT such service be deemed to be good and sufficient service on the Defendant.
AND FURTHER THAT the costs of this application be costs in the cause.
Dated the -------------------------------------------------- day of --------------------------------------------------------- 2024
Drawn by
ZIALE CHAMBERS
Plot No. 36983, Andrew Mwenya Rd
Rhodes Park
P.O. Box 30690
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Tel 260 211 255553
Lusaka
Email: info@zialechambers.org.zm
Advocates for the Plaintiff
SERVICE OUT OF JURISDICTION
Order 10 rule 16 of the High Court Rules provides:
“An application for leave to issue for service out of the jurisdiction a writ of Commented [u3]: Out of Jurisdiction means out of the
country where Zambian courts have not jurisdiction
summons, originating summons, or originating notice of motion or on a
concurrent writ of summons, originating summons or originating may be made ex
parte to the Court or Judge on deposit of the writ, summons or notice with the
Registrar together with an affidavit in support of such application. The affidavit
shall state –
(a) the grounds upon which the application is made and the facts which bring
the plaintiff's case within the class in respect of which service out of the
jurisdiction may be allowed;
(b) that the deponent is advised and believes that the plaintiff has a good
cause of action or right to relief;
(c) in what place or country the defendant resides or probably may be found;
(d) Whether the defendant is a citizen of Zambia or not.”
The steps to be taken when a writ is to be issued out of the jurisdiction are:
first the writ should be prepared,
Secondly, an application to issue the writ out of the jurisdiction must be made to the
court; with the writ attached to the application.
Only after the court’s leave has been obtained should the writ be issued.
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NOTE; in the application for leave to issue a writ of summons (and other originating
processes), the parties are intended plaintiff and intended defendant as the case may be.
However, the drafted writ of summons that is deposited or attached to the application will
have parties plaintiff and defendant , so that once leave has been granted, the court will
cause the writ to be issued by cause listing, and sealing it and stamping it with official
stamp. Then, the plaintiff will correct it and serve it.
Substituted service out of jurisdiction
In addition order 10 rule 17 of the High Court Rules provides:
“Substituted service out of the jurisdiction of a writ, summons or notice issued
for service within the jurisdiction cannot be ordered but if a concurrent writ,
summons or notice for service out of the jurisdiction is issued then substituted
service out of the jurisdiction of such concurrent writ, summons or notice may
be allowed. A writ, summons or notice issued for service out of the jurisdiction
may be ordered to be served by substituted service whether outside the
jurisdiction or within the jurisdiction and either with or without the issue of any
concurrent writ, summons or notice.”
NOTE:
In practice, you first an application under order 10 rule 16 HCR, then after leave has
been granted and writ of summons is issued, then you make another application
under order 10 rule 17 HCR for substituted service out of jurisdiction
In an exam, it is permitted to do a twin application where the instructions require you
draft an application for issue of writ of summons out jurisdiction and also such
document to be served out of jurisdiction by substituted service. See the sample
below of twin application
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IN THE HIGH COURT FOR ZAMBIA 2024/HP/-------
AT THE PRINCIPAL REGISTRY
HOLDEN AT LUSAKA
(Civil Jurisdiction)
BETWEEN:
OASIS INVESTMENTS LIMITED INTENDED PLAINTIFF
AND
ZIM ZIM BUS SERVICES INTENDED DEFENDANT
________________________________________________________________ __________________
EX-PARTE SUMMONS FOR AN ORDER FOR LEAVE TO ISSUE AND SERVE WRIT OF SUMMONS
OUT OF JURISDICTION AND FOR SUBSTITUTED SERVICE Pursuant to Order 10 Rules 16 & 17 of the
High Court Rules Chapter 27 of the Laws of Zambia
____________________________________________________________________________________
LET THE PARTY CONCERNED attend before the Hon Mr/Lady Justice ---------------------------------------- in
chambers on the ------------ day of ------------------------- 2024, at ---------------- hours in the --------------- noon on
the hearing of an application on the part of the Intended Plaintiff for an order for le ave to issue and serve
the writ of summons out of the jurisdiction of this Court AND for an order for substituted service of the writ
on the Defendant by advertising in a Daily Newspaper with wide circulation in Zimbabwe
AND THAT such service be deemed to be good and sufficient service on the Defendant.
AND FURTHER THAT the costs of this application be costs in the cause
Dated this ------------------------- day of -------------------------------------------- 2024
This summons was drawn by:
ZIALE CHAMBERS
Plot No. 36983, Andrew Mwenya Rd
Rhodes Park
P.O. Box 30690
Tel 260 211 255553
Lusaka
Email: info@zialechambers.org.zm
Advocates for the Plaintiff
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IN THE HIGH COURT FOR ZAMBIA 2024/HP/-------
AT THE PRINCIPAL REGISTRY
HOLDEN AT LUSAKA
(Civil Jurisdiction)
BETWEEN:
OASIS INVESTMENTS LIMITED INTENDED PLAINTIFF
AND
ZIM ZIM BUS SERVICE INTENDED DEFENDANT
________________________________________________________________ __________________
AFFIDAVIT IN SUPPORT OF SUMMONS FOR LEAVE TO ISSUE AND SERVE COURT PROCESS OUT
OF JURISDICTION AND FOR SUBSTITUTED SERVICE
____________________________________________________________________________________
I, HARDNECK KUMWENDA, a Zambian National of House No. 30 Mapira Road, Chilenje,
Lusaka in the Lusaka Province of the Republic of Zambia do hereby make oath and say as
follows:
1. That my full names, nationality and residential address are as stated above.
2. That I am the intended Plaintiff in this intended action.
3. That I was a passenger on a bus owned by the Intended Defendant which was
involved in a road traffic accident along Chirundu road on the Zambian side which
accident resulted into injuries to my spine and left leg. The accident was caused by
the negligence of the Intended Defendant’s driver.
4. I have a good cause of action against the intended Defendant in respect of the
matters set out in paragraph 3 hereof.
5. That the Intended Defendant is a company domiciled and resident in Zimbabwe. In
the circumstances I respectfully seek leave to issue a writ for service out of the
jurisdiction of this Court on the Intended Defendant.
6. That further I do not know the Defendant’s place of business in Zimbabwe.
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7. That I therefore desire to make substituted service of the writ of summons out of the
jurisdiction on the Defendant by advertising in a daily newspaper with wide
circulation in Zimbabwe which advert will bring these proceedings to the attention of
the Defendant
8. That the intended writ and statement of claim are produced before me and
collectively marked “MB1”.
9. That I depose to the facts herein verily believing the same to be true and correct to
the best of my knowledge, information and belief.
SWORN AT LUSAKA by the said)
HARDNECK KUMWENDA ) -----------------------------------------------
on the --------- day of ------ 2024) DEPONENT’S SIGNATURE
BEFORE ME: --------------------------------------------------
COMMISSIONER FOR OATHS
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REVISION QUESTIONS
1. 2022 Repeaters Q2
REPUBLIC OF ZAMBIA
WRIT OF SUMMONS
________________
(for issue from the principal registry )
________________
IN THE HIGH COURT FOR ZAMBIA 2022/HP/------
AT THE PRINCIPAL REGISTRY
HOLDEN AT LUSAKA
(Civil Jurisdiction)
BETWEEN:
HARDNECK KUMWENDA PLAINTIFF
AND
ZUPCO BUS SERVICES DEFENDANT
To: ZUPCO BUS SERVICES
OF ZIMBABWE
You are commanded in the President’s name that within 14 days after the service of this writ on you,
inclusive of the day of such service, you do cause to an appearance to be entered for you in an action at
the suit of HARDNECK KUMWENDA and take notice that in default of your doing so the Plaintiff may
proceed therein, and judgment may be given in your absence.
WITNESS The DR MUMBA MALILA SC Chief Justice of Zambia dated the ----------- day of ------------
-------- in the year of our Lord Two Thousand and Twenty two
Memorandum to be subscribed on the writ
Notes (1) This writ is to be served within twelve calendar months from the date thereof, or, if renewed,
within six calendar months from the date of the last renewal, including the day of such date,
and not afterwards.
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(2) The defendant (or defendants) may appear hereto by entering an appearance (or
appearances) either personally or by solicitor at the Principal Registry, High Court for
Zambia, Lusaka
(3) A defendant appearing personally may, if he desire, enter his appearance by post and the
appropriate forms may be obtained from any High Court Registry or from any Subordinate
Court office. The forms when completed, should be sent in triplicate by registered letter
addressed to The Registrar P.O. Box 50067, Lusaka; so as to reach him within the time
stated above.
Endorsements to be made on the writ before issue thereof
The Plaintiff therefore claims:
1. damages;
2. Interest; and
3. Costs
This writ was issued by:
LINCOLN CHAMBERS
------------------------------
of No. 351, Gardenia Avenue, Avondale, Lusaka and whose Postal address is P. O. Box 30690, email:
lincoln@org.zm Advocates for the Plaintiff of No. 30 Mapira Road, Chilenje, Lusaka, P. O. Box 36222,
Email: deanbanda@gmail.com. whose address for service is ZIALE Chambers of Stand 36983, Andrew
Mwenya Road, Rhodespark, Lusaka email: zialechambers.org.zm
Endorsement to be made within THREE days after service
This writ was served by me at --------------------------------------------------------------------------------------------- on the
Defendants on the ------------------------------------------ day of ----------------------------------------------- 2021
Endorsed the --------------------------------------------- day of -------------------------------------------------------- 2021
(Signed) ------------------------------------------------------------------------------------------------------------ -----------------
YOUR BRIEF
You have been retained by Hardneck Kumwenda, the Plaintiff herein who was a passenger
on the ZUPCO bus from Harare to Lusaka. The bus was involved in a road traffic accident
around Chirundu on the Zambian side when the driver of the bus hit into a stationary Truck
and the bus thereafter veered of the main road into a ditch. Hardneck suffered injuries to the
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spine and left leg as a result of the said accident which was caused by the negligence of the
ZUPCO driver.
Your instructions are to issue Court process for service on the Defendant. You have since
drafted the writ which you intend to file in the High Court at Lusaka and to serve on the
Defendant, a company domiciled in Zimbabwe. Your client does not however know the
Defendant’s registered office or place of business in Zimbabwe.
Your Principal has asked you to draft an application that will enable you to issue and serve
the writ on the Defendant in Zimbabwe.
Draft the requisite application.
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2. 2018 MID YEAR Q2
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