CHAPTER 79
SERVICE OF PROCESS AND EXECUTION OF JUDGMENTS ACT

Arrangement of Sections

   Section

PART I
PRELIMINARY

   1.   Short title

   2.   Interpretation

PART II
SERVICE OF SUMMONS IN CIVIL PROCEEDINGS ISSUED OUT OF A COURT IN ZIMBABWE OR MALAWI IN ZAMBIA AND PROCEEDINGS CONSEQUENT THEREON

   3.   Service of certain summons and process in Zambia

   4.   Endorsement of summons

   5.   Failure to endorse summons

   6.   Entry of appearance

PART III
SERVICE OF SUMMONS IN CRIMINAL PROCEEDINGS AND EXECUTION OF WARRANTS

   7.   Service of summons in criminal proceedings in Zambia

   8.   Execution of warrant of imprisonment for non-payment of fine

PART IV
SERVICE OF A SUBPOENA

   9.   Service of a subpoena in Zambia

PART V
ENFORCEMENT OF A JUDGMENT

   10.   Definition of “judgment”

   11.   Enforcement of a judgment in Zambia

   12.   Costs

   13.   Affidavit of liability to be filed

   14.   Stay of proceedings

   15.   Notification of proceedings upon a certificate

PART VI
GENERAL

   16.   Proof of service

   17.   Regulations

AN ACT

to provide for the service in Zambia of civil and criminal process of any court of record in Zimbabwe or Malawi, the execution in Zambia of civil judgments of any such court, and for matters incidental to the foregoing.

[1st February, 1957]

Act 4 of 1956,

Act 7 of 1963,

Act 12 of 1966.

GN 335 of 1964,

GN 497 of 1964.

SI 169 of 1965,

SI 21 of 1967,

SI 196 of 1969.

PART I
PRELIMINARY

1.   Short title

This Act may be cited as the Service of Process and Execution of Judgments Act.

[S 1 am by GN 335 of 1964.]

2.   Interpretation

In this Act, unless the context otherwise requires—

“court” means any court (other than the Supreme Court for Zambia, any court established by or under the Local Courts Act, of Zimbabwe, Zambia or Malawi and is required by such law to keep a record of its proceedings;

“defendant” includes any party against whom relief is sought in a suit or who is required to attend the proceedings in any suit as a party thereto;

“party” includes the Government or any person suing or being sued on behalf of the Government;

“person” includes any company or association or a body of persons, corporate or un incorporate, and the Government;

“plain tiff” includes any party seeking relief in a suit against any other party;

“proper officer” means the Registrar of the High Court of Zimbabwe, Malawi or the High Court for Zambia, the clerk of an inferior court of Zimbabwe or Malawi or of a subordinate court of Zambia, or any other similar officer, as the case may be;

“suit” means any suit or action or other original proceedings in any court between parties commenced by a summons or in any such other manner as may be provided by or under any law in force in Zimbabwe, Zambia or Malawi, but does not include any criminal proceedings;

“summons” means—

      (a)   in relation to a suit any summons, writ of summons, concurrent writ of summons, originating summons or other process by which a suit is commenced or the object of which is to require the appearance in any court of any person against whom relief is sought in a suit, or who is interested in resisting such relief;

      (b)   in relation to any criminal proceedings, a summons or other similar process which directs any person to appear before any court to answer a charge or complaint of having committed an offence.

[S 2 am by GN 335 of 1964; SI 169 of 1965.]

PART II
SERVICE OF SUMMONS IN CIVIL PROCEEDINGS ISSUED OUT OF A COURT IN ZIMBABWE OR MALAWI IN ZAMBIA AND PROCEEDINGS CONSEQUENT THEREON

3.   Service of certain summons and process in Zambia

Whenever in a suit in a court in Zimbabwe or Malawi any summons or other process (other than a subpoena) is required to be served in Zambia, such service may be affected in such manner and by such person as may be prescribed.

This section of the article is only available for our subscribers. Please click here to subscribe to a subscription plan to view this part of the article.