Order 7 — Service of Originating Process

(1) Service of originating process shall be made by a Sheriff, Deputy Sheriff, Bailiff, Special Marshal or other officer of the Court. The Chief Judge may also authorize any other person or means to effect service.

(2) When a party is represented by a Legal Practitioner, service of court process of which personal service is not required may be made on such Legal Practitioner or an employee of the Legal Practitioner in chambers.

(3) Where a Legal Practitioner or the servant, agent, staff, partner of the Legal Practitioner undertakes to effect service of process on the other party, or Legal Practitioner to the other party, the Legal Practitioner or his representative shall file a proof of service of the process within three (3) days of effecting the service.

(4) Where a Legal Practitioner or his representative undertakes to effect service on the other party, the Legal Practitioner or his representative who effects the service shall depose to an affidavit of service indicating the name, position of the person that acknowledged receipt, the date, time, place and mode of transmission of the process to the other party.

An originating process shall be served by delivering to a party to be served a copy of the process.

No personal service of an originating process shall be required where the Defendant has authorised his Legal Practitioner in writing to accept service and such Legal Practitioner enters appearance.

All processes in respect of which personal service is not expressly required by these Rules or any applicable law shall be sufficiently served if left with an adult person resident or employed at the address for service given under Order 4 Rule 6 and Order 9 Rule 2 of these Rules.

(1) Where personal service of an originating process is required by these Rules or otherwise and a Judge is satisfied that prompt personal service cannot be effected, the Judge may, upon application by the Plaintiff, make such order for substituted service as may seem just, including service by electronic means.

(2) Every application to the Judge for substituted or other service shall be supported by an affidavit setting forth the grounds upon which the application is made.

(1) Where a person under legal disability is a Defendant, service on his guardian shall be deemed good and sufficient personal service, unless a Judge otherwise orders. Provided that personal service on a minor who is over 16 years of age living independently or doing business is good and sufficient.

(2) The Judge may order that personal service on a person under legal disability shall be deemed good and sufficient.

Where a detainee or a person in custody is a Defendant, service on the head or other officer in charge of the station, facility or custodial centre where the Defendant is, or on an officer of the agency in charge of the station, facility or custodial centre shall be deemed good and sufficient personal service on the Defendant.

Where persons are sued as partners in the name of their firm, the originating process shall be served upon anyone or more of the partners at the principal place of business within the jurisdiction or upon any person having control or management of the partnership business there; and such service shall be deemed good service upon the firm whether any of the partners is out of the jurisdiction of the Court or not, and no leave to issue an originating process against them shall be necessary.

Provided that in the case of a partnership that has been dissolved to the knowledge of the Plaintiff before the commencement of the action, the originating process shall be served upon every person within the jurisdiction of the Court against whom the Plaintiff commences the action.

In the absence of any statutory provision regulating service on a registered company, corporation or body corporate, every originating process or other process requiring service may be served on the organisation by delivery to a Director, Secretary, Trustee or other Senior, Principal or other officer of the organisation, or by leaving it with an officer at the registered, principal or advertised office or place of business of the organisation within the jurisdiction of the Court.

When the suit is against a foreign corporation or company within the meaning of the Companies and Allied Matters Act having an office and carrying on business within the jurisdiction, and such suit is limited to a cause of action which arose within the jurisdiction, the originating process or other documents requiring service may be served on the Principal Officer or Representative of such foreign corporation or company within the jurisdiction of the Court.

Provided that where a foreign company has complied with the provisions of the Act, service shall be effected on one of the persons authorised to accept service on behalf of the said company

Where service is to be made upon a person residing out of, but carrying on business within, the jurisdiction of the court in his own name or under the name of a firm through an authorized agent, and the proceeding is limited to a cause of action which arose within the jurisdiction, the writ or other document may be served by giving it to such agent, and such service shall be equivalent to personal service.

Where a person to be served, whether alone or in concert with others, resists service or applies or threatens violence to the process server, the process server may leave the process within the reach of person to be served, and this shall be deemed good and sufficient service for all purposes.

(1) After serving any process, the process server shall promptly depose to and file an affidavit of service setting out the fact, date, time, place and mode of service, describing the process served and shall exhibit a copy of the process served.

(1) The party requiring service of any process shall pay in advance all costs and expenses of and incidental to service.

(2) The rate for service shall be as directed by the Chief Judge in Practice Directions from time to time.

(1) Service of originating and other processes, pleadings, notices, summons, orders, and documents whatsoever, shall be effected between the hours of six in the morning and six in the evening.

(2) Save in exceptional circumstances and as may be authorized by a Judge, service shall not be effected on a Sunday or on a public holiday.

(1) A Register shall be kept at the Registry in such form as the Chief Judge may direct for recording service of processes by any process server. The Registrar shall record therein the names of the Plaintiff(s) and Defendant(s), the method of service, whether personal or otherwise.

(2) Where any process was not served, the cause of failure shall be recorded in the Register. Every entry in such Register or certified copy thereof shall be prima facie evidence of the matters stated therein.