1987 Ed.]
Matrimonial Causes Rules
[CAP. 179
A 13
[Subsidiary]
SERVICE OF PETITION, ETC.
a copy
14. (1) Subject to the provisions of this rule, a of every petition shall be served personally or by post on every respondent or co-respondent.
(2) Subject to paragraph (3) service of a petition shall be effected by the petitioner.
(3) Personal service shall in no case be effected by the petitioner himself.
(4) [Deleted, L.N. 78/86]
(5) For the purposes of the foregoing paragraphs, a copy of a petition shall be deemed to be duly served if-
(a) an acknowledgment of service in Form 4 is signed by the party to be served or by a solicitor on his behalf and is returned to the registry, and
(b) where the form purports to be signed by a respondent spouse, his signature is proved at the hearing.
(6) Where a copy of a petition has been sent to a party and no acknowledgment of service has been returned to the registry, the registrar, if satisfied by affidavit or otherwise that the party has nevertheless received the document, may direct that the document shall be deemed to have been duly served on him.
(7) Where a copy of a petition has been served on a party personally and no acknowledgment of service has been returned to the registry, service shall be proved by filing an affidavit of service showing the server's means of knowledge of the identity of the party served.
(8) Where an acknowledgment of service is returned to the registry, the registrar shall send a photographic copy thereof to the petitioner.
(9) An application for leave to substitute some other mode of service for the modes of service prescribed by paragraph (1), or to substitute notice of the proceedings by advertisement or otherwise, shall be made ex parte by lodging an affidavit setting out the grounds on which the application is made; and the form of any advertisement shall be settled by the registrar:
Provided that no order giving leave to substitute notice of the proceedings by advertisement shall be made unless it appears to the registrar that there is a reasonable probability that the advertisement will come to the knowledge of the person concerned.
(9A) Where the registrar has authorized notice by advertisement to be substituted for service, an affidavit exhibiting a copy of the
Service of petition.
L.N. 78/86.
L.N. 135/76.
L.N. 78/86.