A 10
CAP. 336]
District Court Civil Procedure (General) Rules
(1983 Ed.
[Subsidiary]
Service on infants. L.N. 182/70.
Service of proceedings for recovery of immovable
property.
Order for substituted
service. L.N. 183/70.
Service of writ.
L.N. 182/70.
L.N. 163/81.
(Cap. 336, sub. leg.)
L.N. 163/81.
Service
17. (1) No special mode of service shall be required, as of course, with respect to a party who is an infant, but whenever it appears to the Court that any party served or to be served with a writ or other process in any proceedings is an infant of such tender years as to be unable to present his case or to give instructions therefor the Court may order that the writ or other process be served on the father or guardian of the infant or other person having the custody or control of the infant, and that in the meantime the proceedings be stayed:
Provided that unless the Court otherwise orders service made or to be made on such an infant shall be deemed good service.
(2) The provisions of this rule shall apply to interlocutory proceedings in the Court.
18. Where a plaintiff's claim is for the recovery of immovable property, in addition to and not in substitution for any other mode of service, a copy of the writ shall be posted in a conspicuous place on or at the entrance to the premises recovery of which is claimed.
19. The power to order substituted service of a document under rule 4 of Order 65 of the Rules of the Supreme Court may be exercised by the Registrar.
Service on defendant
20. (1) Subject to the provisions of these rules and to the provisions of any other enactment the plaintiff or his agent shall serve a copy of the writ on each defendant together with a notice in Form 5A in the Second Schedule to the District Court Civil Procedure (Forms) Rules, such service to be effected-
(a) by serving them personally on the defendant; or
(b) by sending them by ordinary post to the defendant at his
usual or last known address.
(14)
(2) The time within which a writ may be served shall, unless extended under paragraph (3), be limited to a period of 12 months from the day of its issue.
(2A) Where a writ has been served, the original writ shall, within 3 days of service, be endorsed by the plaintiff or his agent with the date of service and returned to the Registrar.
(3) Where reasonable efforts have been made to serve the writ within the period of 12 months from the day of its issue and service has not been effected, the Registrar may, on the application of the plaintiff, order that the time within which the writ may be served be
Page 10
Page 11