Tuesday, 22 September 2015

Service of summons or documents

Q: I am trying to serve a person for a civil matter, but they refuse to accept it; what can I do?

A: According to section 59(2) of the Interpretation Act 1962, as amended:

(2) Where a written law made after the commencement of this Act authorises or requires a document to be served on any person without directing it to be served in a particular manner, the service of that document may be effected either—

  • (a) by personal service; or

  • (b) by post in accordance with subsection (1); or

  • (c) by leaving it for him with some person apparently over the age of sixteen years at his usual or last known place of abode or business; or

  • (d) in the case of a corporate body or of any association of persons, whether incorporated or not, by delivering it to the secretary or clerk of the body or association at the registered or principal office of the body or association or serving it by post on such secretary or clerk at such office; or

  • (e) if it is not practicable after reasonable inquiry to ascertain the name or address of an owner, lessee or occupier of premises on whom the document should be served, by addressing the document to him by the description of “owner” or “lessee” or “occupier”, as the case may be, of the premises (naming them) to which the document relates, by affixing it, or a copy of it, to some conspicuous part of the premises.

3 comments:

  1. How long after I am served a summons do I need to respond to the court?

    ReplyDelete
    Replies
    1. You would never receive a summons without a date on it...

      Delete
  2. I recently took my childfather to court for child support. He is a police prosecutor at that court in question, wat is de best advice you can give since i think he might get curry favor over me.

    ReplyDelete

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