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