CHAPTER 79 - SERVICE OF PROCESS AND EXECUTION OF JUDGMENTS ACT: SUBSIDIARY LEGISLATION

INDEX TO SUBSIDIARY LEGISLATION

Service of Process and Execution of Judgments Regulations

SERVICE OF PROCESS AND EXECUTION OF JUDGMENTS REGULATIONS

[Section 17]

Arrangement of Regulations

   Regulations

PART I
PRELIMINARY

   1.   Title

   2.   Interpretation

PART II
SERVICE OF PROCESS

   3.   Persons authorised to effect service

   4.   Time when service may be affected

   5.   Service of summons or other process (other than a subpoena) in a suit

   6.   Endorsement of summons in a suit

   7.   Service of summons in criminal proceedings

   8.   Endorsement of warrants in criminal proceedings

   9.   Service of subpoena

   10.   Duties of person effecting service

   11.   Proof of service

   12.   Fees for the service of process

PART III
EXECUTION OF JUDGMENTS

   13.   Contents and form of certificate of judgment

   14.   Costs of registration of certificate of judgment

      FIRST SCHEDULE

      SECOND SCHEDULE

      THIRD SCHEDULE

[Regulations by the Attorney-General]

GN 23 of 1957,

GN 50 of 1963,

GN 275 of 1963,

GN 351 of 1964,

GN 497 of 1964,

SI 222 of 1965,

SI 47 of 1995,

SI 48 of 1995.

PART I
PRELIMINARY

 

1.   Title

These Regulations may be cited as the Service of Process and Execution of Judgments Regulations.

 

2.   Interpretation

In these Regulations, unless the context otherwise requires—

“copy”, in relation to a summons, subpoena or other process, means a correct copy of the original thereof, certified as such under the hand and office stamp of the proper officer of the court out of which such summons, subpoena or other process was issued and bearing the seal, if any, of that court;

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

“sheriff” means a sheriff, deputy sheriff or under-sheriff of the State in which a summons, subpoena or other process is to be served.

[Am by GN 351 of 1964; SI 222 of 1965.]

PART II
SERVICE OF PROCESS

 

3.   Persons authorised to effect service

   (1) Where any summons, subpoena or other process is required to be served under the provisions of the Act on a sheriff or messenger of the court or on any member of the household of a sheriff or messenger of the court, such service shall be effected by a person appointed-

      (a)   in the case of a summons, subpoena or other process issued out of the High Court of Zimbabwe or Malawi, by the High Court for Zambia or a Judge thereof sitting in chambers;

      (b)   in the case of a summons, subpoena or other process issued out of an inferior court of Zimbabwe or Malawi, by a magistrate having jurisdiction in the area of Zambia in which service is to be effected.

   (2) Save as otherwise provided in sub-regulation (1), a summons, subpoena or other process required to be served under the provisions of the Act may be served-

      (a)   in the case of a summons, subpoena or other process issued out of the High Court of Zimbabwe or Malawi, by any person who is, under the law in force in Zambia, authorised to serve a summons, subpoena or other process of the High Court for Zambia;

      (b)   in the case of a summons, subpoena or other process issued out of an inferior court of Zimbabwe or Malawi, by any person who is, under the law in force in Zambia, authorised to serve a summons, subpoena or other process of a subordinate court of Zambia.

[Am by GN 351 of 1964; SI 222 of 1965.]

 

4.   Time when service may be affected

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A summons, subpoena or other process required to be served under the provisions of the Act may be served on such day and at such time as is permitted in respect of the service of similar process issued out of a court of Zambia.

[Am by GN 351 of 1964; SI 222 of 1965.]

 

5.   Service of summons or other process (other than a subpoena) in a suit

   (1) Subject to the provisions of this regulation, where a summons or other process (other than a subpoena) is required to be served under the provisions of Part II of the Act—

      (a)   on a person other than a body corporate, such service may be effected—

      (i)   on him personally or on his duly authorised agent; or

      (ii)   at his place of residence on any responsible member of his household; or

      (iii)   at his place of business on any responsible person employed there; or

      (iv)   at his place of employment on the manager or other person under whose supervision he works; or

      (v)   if he has chosen in Zambia an address for service, at the address so chosen;

      (b)   on an incorporated company or other body corporate, such service may be effected at its registered or local office on a director, or the secretary, local manager or other principal officer of such company or body;

      (c)   on a partnership, such service may be affected—

      (i)   on any one or more of the partners in any manner prescribed in paragraph (a); or

      (ii)   at the principal place of business of the partnership on any person having, at the time of the service, the control or management of the partnership business;

      (d)   on two or more persons sued in their capacity as trustees of an insolvent or bankrupt estate, judicial managers, trustees or administrators, liquidators of a company, executors, guardians or a committee in lunacy, such service may be effected on any one of such persons in any manner prescribed in paragraph (a);

      (e)   on a syndicate, unincorporated company, club, society, church, public institution or other body, such service may be effected—

      (i)   on the persons named in the summons or other process in any manner prescribed in paragraph (a); or

      (ii)   if the syndicate, unincorporated company, club, society, church, public institution or other body has been sued or cited in its unincorporated name, at the local office or place of business of such body or, if there is none, on the chairman, secretary or other officer thereof in any manner prescribed in paragraph (a);

      (f)   on a person detained in any prison established by law, such service may be effected at the prison on the officer in charge thereof who shall cause the summons or other process to be delivered and explained to such person;

      (g)   on the sovereign Republic of Zambia, such service may be effected on the Attorney- General or the officer of the Attorney-General’s Chambers having the conduct of the proceedings to which such summons or other process relates;

      (h)   on a person of unsound mind in respect of whom a committee has not been appointed or who has not been so found by inquisition, such service may be effected on the person with whom such person of unsound mind resides or under whose care he is.

   (2) When a rule nisi or decree nisi issued in any proceedings relating to divorce, judicial separation or nullity of marriage is required to be served under the provisions of Part II of the Act, such service shall be affected on the person named therein personally.

   (3) If a person required to be served under the provisions of Part II of the Act keeps his residence or place of business closed and thereby prevents service being effected in a manner prescribed in sub-regulation (1), such service may be effected by affixing a copy of the summons or other process to the outer or principal door of his residence or place of business.

[Am by GN 351 of 1964; SI 222 of 1965.]

 

6.   Endorsement of summons in a suit

Every summons for service under the provisions of Part II of the Act shall, if the law in force in the State in which it is issued requires an appearance to be entered, have the following endorsement thereon—

“If you enter an appearance to this summons (or other process, as the case may be) you must give an address for service at some place within five miles of the .................................... court of ..................................... at ...................................., at which documents or notices may be left or served”.

 

7.   Service of summons in criminal proceedings

Where a summons is required to be served under the provisions of Part III of the Act—

      (a)   on any person other than an incorporated company or other body corporate, such service may be effected-

      (i)   on him personally; or

      (ii)   if he cannot, after diligent search, be found, then—

         A.   at his place of residence on any responsible member of his household;

         B.   at his place of business on any responsible person employed there; or

         C.   at his place of employment on the manager or other person under whose supervision he works; or

      (iii)   if service in any manner prescribed in sub-paragraph (i) or (ii) cannot, by the exercise of reasonable diligence, be effected, then by affixing a copy of the summons to the outer or principal door of the house in which the person to be served ordinarily resides;

      (b)   on an incorporated company or other body corporate, such service may be effected at its registered or local office on a director or the secretary, local manager or other principal officer of such company or body.

 

8.   Endorsement of warrants in criminal proceedings

   (1) A warrant issued under the provisions of section 7 of the Act shall be endorsed in the manner set out in Part I of the First Schedule.

   (2) A warrant issued by a court in Zimbabwe or Malawi for the imprisonment of a convicted person who has failed to pay a fine imposed by that court shall, if it is to be executed in Zambia, be endorsed in the manner set out in Part II of the First Schedule by a magistrate of Zambia.

[Am by GN 275 of 1963; 351 of 1964; SI 222 of 1965.]

 

9.   Service of subpoena

Where a subpoena is required to be served under the provisions of Part IV of the Act, such service shall be effected on the person named therein personally or if he cannot, after diligent search, be found, then in any manner prescribed in paragraph (a) of sub-regulation (1) of regulation 5 or sub-regulation (3) of regulation 5, as may be appropriate, for service of a summons or other process in a suit.

 

10.   Duties of person effecting service

   (1) Subject to the provisions of sub-regulation (2), the person serving any summons, subpoena or other process under the provisions of the Act shall, if such service is affected on a person—

      (a)   deliver to such person a copy of the summons, subpoena or other process and exhibit to him the original or a duplicate original thereof; and

      (b)   if so requested by such person and able to do so, explain to him the contents and exigency of the summons, subpoena or other process.

   (2) Where by reason of the violent behaviour of, or threats of violent behaviour made by, the person on whom the service is to be effected or any person acting in concert with him, service of any process under the provisions of the Act cannot be effected in accordance with the provisions of sub-regulation (1), such service may be effected by informing the person on whom service is to be effected of the nature of the process and by leaving a copy thereof as near to him as is practicable in the circumstances.

 

11.   Proof of service

   (1) Where service of any process under the provisions of the Act has been affected by a sheriff, messenger or other officer of the court, such service may be proved by a certificate of service in the form set out in the Second Schedule.

   (2) Where service of any process under the provisions of the Act has been effected by any other person, such service may be proved by an affidavit sworn in the manner prescribed in paragraph (a) of section 16 of the Act and endorsed on or attached to the original or a duplicate original of such process verifying the manner, time and place of service and the person, if any, on whom service was effected.

   (3) A certificate of service in the form set out in the Second Schedule shall, on production and without proof of signature, be prima facie evidence of the facts therein stated.

   (4) The person who has effected service of any process under the provisions of the Act shall forthwith deliver to the person from whom the process was received—

      (a)   the original or a duplicate original of the process served;

      (b)   the affidavit referred to in sub-regulation (2) or a certificate of service in the form set out in the Second Schedule, as the case may be; and

      (c)   a statement of the charges for effecting such service.

 

12.   Fees for the service of process

The person serving any process under the provisions of the Act shall be entitled to receive therefor such fees (including any allowances in respect of travelling and subsistence expenses) as are prescribed for the service of similar process, notwithstanding that he is not a person or member of a class of persons in respect of whom such fees are so prescribed.

[Am by GN 351 of 1964.]

PART III
EXECUTION OF JUDGMENTS

 

13.   Contents and form of certificate of judgment

A certificate of judgment issued in accordance with the provisions of section 11 of the Act shall—

      (a)   contain the following particulars of the judgment—

      (i)   the number of the cause or case;

      (ii)   the names of the plaintiff and defendant;

      (iii)   the name and address of the party against whom the judgment has been given;

      (iv)   the date on which the judgment was given;

      (v)   an abstract of the judgment specifying, in particular, any amount ordered to be paid, any interest payable thereon and the taxed or approved costs;

      (b)   be in the form set out in the Third Schedule.

 

14.   Costs of registration of certificate of judgment

The amount of the plaintiff’s costs of registration of a certificate of judgment shall not exceed—

      (a)   in the case of a certificate registered in a High Court, the sum of K800;

      (b)   in the case of a certificate registered in an inferior court, the sum of K800.

[Am by GN 50 of 1963; SI 47 of 1995; SI 48 of 1995.]

FIRST SCHEDULE

[Regulation 8]

PART I
FORM OF ENDORSEMENT OF WARRANT

The within warrant, duly signed by ……………………………………………………………………………………………………….

a …………………………………………………………………………………………………………………….(Judge or magistrate),

and sealed with the seal, if any, of the court at having this day been produced to me by………………………………………………….

……………….I do hereby authorise the ................................................... and all other persons to whom this warrant is directed, or by whom it may be lawfully executed and also police officers of Zambia to execute this warrant and to bring the said ……………………

if he be apprehended before me or some magistrate having jurisdiction in the area in which he has been apprehended to be dealt with according to law.

Given under my hand at ………………………………………………………………………………………………………………..this .................................................... day of.......................... 19..........

Signature………………………………………………..

PART II
FORM OF ENDORSEMENT OF WARRANT

The within warrant, duly signed by ………………………………………………………………………………………………………..

a ……………………………………………………………………………………………………………… (Judge or magistrate),

and sealed with the seal, if any, of the……………………………………………………………………………………………………...

court at……………………………………………………………………………………………………………………………………...

having this day been produced to me by……………………………………………………………………………………………………

…………………………………………I do hereby authorise the ................................................... and all other persons to whom this warrant is directed, or by whom it may be lawfully executed and also police officers of Zambia to execute this warrant and to lodge the said if he be apprehended in the nearest prison, to be dealt with according to law.

Given under my hand at.......... this..........day of................................... 19.........

Signature……………………………………..

[Am by GN 351 of 1964; SI 222 of 1965.]

SECOND SCHEDULE

[Regulation 11]

FORM OF CERTIFICATE OF SERVICE

I,……………………………………………………………….a .................................................................................................................
of the ..................................................court at……………………………………………………………………………………………...
hereby certify that I have this ........................................................day of……...................................……………., 19........................,
served a true copy of this…………………………………………………………………………………………………………….upon
………………………………………………………………………………………………………………., the defendant/respondent
named therein at ……………………………………………………………………………………………….and that I have/have not
explained to him the contents and exigency thereof.

Dated at ........................................ this .............. day of ..............19..........

Signature…………………………………..

THIRD SCHEDULE

[Regulation 13]

FORM OF CERTIFICATE OF JUDGMENT

No. of cause or case 

Names of Plaintiff/Applicant and Defendant/Respondent 

Name and address of party against whom judgment is given 

Date of judgment or decree 

Abstract of judgment and amount ordered to be paid, the interest, if any, payable thereon and the taxed or approved costs 

 

 

 

 

 

I certify that this certificate contains an accurate and correct statement of the particulars of a judgment given in the court at .................................................................................... on the .................................................... day of............................ 19..............

Dated this ............................................................. day of ............................................................., 19..................

............................................................................

Registrar/Clerk of the Court

 
 

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