1 A brief introduction to the process of Substituted Service.
2 Unless expressly provided by the Rules of Court for the documents to be served personally, they may be served by other mode of service such as inter alia leaving a copy of the document at the proper address of the person to be served or the Prepaid Registered post.
3 Personal service is required when it is specifically provided for by the of the Rules of Court 2012 or by an order of the court. For instance, the serving a Bankruptcy Notice or a Creditor’s Petition in Bankruptcy proceedings.
3.1 For more information on the procedures in relation the Writ of Summons you may click here.
How To Effect Personal Service
4 Personal service is effected by leaving a copy of the document with the person to be served. The process server must show the person to be served, in the case where the document is a writ or other originating process, the sealed copy of the document; and in any other case, the process server must show him an office copy of the document to be served.
5 In the event that the Honourable Court is of the opinion that it is impractical to serve that document personally on that person or there is any reason to believe that the person to be served is evading service or any other reason that the document cannot be served in the ordinary way, the Honourable Court will then make an order for substituted service of that document.
Application for Substituted Service
6 The application for an order for substituted service of that document shall be made by notice of application supported by an affidavit stating the facts on why the personal service cannot be effected on the person to be served.
7 However, there are some guidelines to be followed before one can apply for an order for Substituted Service, it is not adequate by merely stating in the affidavit that the person to be served is evading service.
7.1 There must be at least two attempts to serve the documents by way of personal service on the person to be served;
7.2 The service should be made at the last known residence, whether permanently or temporarily. If the claim relates to the business of the Person to be served, the service should be made at his business address. If the Person to be served has left the address given in the writ, the Person to be served should state the same in the affidavit.
7.3 The service should be made on weekdays and also at reasonable hours.
7.4 The first and second attempts of service should be on separate day.
7.5 The second attempt of service should be made by appointment vide a letter sent to the Defendant by prepaid ordinary post.
7.6 On the appointed date, the process server should inquire whether the Defendant has received the letter of appointment with a copy of the document.
Bring The Document to the Notice of the Person to be Served
8 Once a substituted service order is granted by the Honourable Court. The service of the document is effected by taking the following steps instead of personal service, as the Court may direct to bring the document to the notice of the person to be served:
8.1 by posting a copy of the order together with a sealed copy of the document on the Notice board of the relevant court;
8.2 by posting a copy of the order together with a sealed copy of the document on the front door/ gate of the last known address of the person to be served;
8.3 by advertising once in the local newspaper.
9 The last postings (at the premises of the person to be served and the Notice board of the relevant court) and the advertisement shall be deemed good and sufficient service of the documents on the person to be served, if they are done within the time stipulated by the Court.
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