Order 7 — SERVICE OF 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 appoint and register any law Chambers, Courier Company or any other person to serve court processes and such person shall be called Process Server and parties shall act as pointers to the Process Server.

(2) Where 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 any Legal Practitioner in his Chambers or on the Clerk or Secretary of such Chambers.

(1) The process server shall effect service of an Originating Process by delivering to the party to be served, a copy of the process duly certified as prescribed by Order 6 Rule 2(3).

(2) Where a party is represented by a Legal Practitioner, service of Court process other than Originating Processes and those processes of which personal service are not required shall be by Counsel to Counsel and may be made on the Legal Practitioner or a person under his control.

No personal service of an originating process shall be required where the defendant has authorized his Legal Practitioner in writing to accept service and such Legal Practitioner accepts service.

Provided that such written authority shall be attached to the Originating process at the time of filing.

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 any of the following:

(a) an adult family member;

(b) an adult person under the employment;

(c) an adult person under the control;

(d) the person the process is meant for.

Where it appears to the Court that for any reason, personal service cannot be conveniently effected, the Court may order that service be effected in any manner by which it appears to the Court that the document is likely to come to the knowledge of the person to be served.

When a party to be served is in the service of the government of the State or of a Local Government Council, the Registry may transmit the document to be served to the senior officer of the department of Government in the judicial division or place where the party to be served works or resides or the Local Government Council in whose employment the party to be served is, and such officer shall cause the same to be delivered to the person accordingly.

(1) Subject to any statutory provision regulating service on a registered company, corporation or body corporate, every originating process or other process requiring personal service may be served on the organization by delivery to a director, secretary, trustee or other senior, principal or responsible officer of the organization, or by leaving it at the registered, principal or advertised office or place of business of the organization within the jurisdiction.

(2) When the suit is against a corporation or company authorized to sue and be sued in the name of an officer or trustee, the process may be served by giving the same to any director, secretary, or other principal officer or by leaving it at the office of the corporation or company.

Where persons are sued as partners in the name of their firm the originating process shall be served upon any one 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 members are out of the jurisdiction 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 claimant before the commencement of the action, the originating process shall be served upon every person within the jurisdiction sought to be made liable.

Service on Local Government Councils shall be effected in accordance with the provisions of the Local Government Law.

Service on a statutory corporation shall be in accordance with the Law constituting the corporation.

In default of any provisions as prescribed in rules 9 and 10 of this order, service may be effected by registered post addressed to the principal officer of the Local Government or the corporation as the case may be, or by giving the process to the principal officer thereof wherever he may be found in the State, or by leaving the process at the office of the Council or the corporation, or delivering it to anyone found therein appearing to be in charge of the office, at the material time.

When the suit is against a foreign corporation or company having an office and carrying on business within the country, and such suit is limited to a cause of action which arose within the country, the writ or document may be served by giving the same to the principal officer of such foreign corporation or company, in the country.

Where the suit is against a Defendant residing out of, but carrying on business within the country in his own name or under the name of a firm through an authorized agent, and such suit is limited to a cause of action which arose within the country, the process may be served by giving it to such agent.

Where the person on whom service is to be effected is living or serving on board any ship, it shall be sufficient service to deliver the process to the person on board who at the time of such service, appears to be in charge of such ship.

Where the person on whom service is to be effected is a prisoner in a prison, or a lunatic in an asylum, it shall be sufficient service to deliver the process at the prison or asylum to the superintendent or person appearing to be the head officer in charge.

Where an infant is a party to a suit, service of any process on the infant may be effected by delivery of the process to his father or guardian, or if none, to the person with whom the infant resides or under whose care he is:

Provided that personal service on a minor who is over 16 years of age living independently or doing business is good and sufficient.

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.

Where parties have by their contract prescribed the mode or place of service, or the person that may serve or the person who may be served any process in any claim arising out of the contract, service as prescribed in the contract shall be deemed good and sufficient 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 the 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 setting out the fact, date, time, place and mode of service, describing the process served and shall exhibit the acknowledgment of service, if any.

(2) The affidavit of service shall be prima facie proof of such service.

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

(2) Notwithstanding sub-rule (1) of this rule, where a party requires service of a process to be effected by a courier company or any other person specially appointed by the Chief Judge under rule 1 of this order, the cost of such service shall be directly borne by the person requiring the service.

(1) Service of originating and other processes whatsoever shall be effected between the hours of 6.00 am in the morning and 6.00 pm in the evening, on certain days.

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

(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 Claimant and Defendant, the method of service, whether personal or otherwise, and the manner used to ascertain that the right person was served.

(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.