Laws of Zambia ActiveService of Process and Execution of Judgments Act
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The Laws of Zambia Copyright Ministry of Legal Affairs, Government of the Republic of Zambia REPUBLIC OF ZAMBIA THE SERVICE OF PROCESS AND EXECUTION OF JUDGMENTS ACT CHAPTER 79 OF THE LAWS OF ZAMBIA CHAPTER 79 THE SERVICE OF PROCESS AND EXECUTION OF JUDGMENTS ACT THE SERVICE OF PROCESS AND EXECUTION OF JUDGMENTS ACT ARRANGEMENT OF SECTIONS PART I PRELIMINARYPART I PRELIMINARY Section 1. Short title 2. Interpretation PART II SERVICE OF SUMMONS IN CIVIL PROCEEDINGS ISSUED OUT OF A COURT IN ZIMBABWE OR MALAWI IN ZAMBIA AND PROCEEDINGS CONSEQUENT THEREONPART II SERVICE OF SUMMONS IN CIVIL PROCEEDINGS I SSUED OUT OF A COURT IN Z IMBABWE OR M ALAWI IN Z AMBIA AND PROCEEDINGS CONSEQUENT T HEREON T THEREONPART II SERVICE OF SUMMONS IN CIVIL PROCEEDINGS I SSUED OUT OF A COURT IN Z IMBABWE OR M ALAWI IN Z AMBIA AND PROCEEDINGS CONSEQUENT T HEREON The Laws of Zambia Copyright Ministry of Legal Affairs, Government of the Republic of Zambia 3. Service of certain summons and process in Zambia 4. Endorsement of summons 5. Failure to endorse summons 6. Entry of appearance PART III SERVICE OF SUMMONS IN CRIMINAL PROCEEDINGS AND EXECUTION OF WARRANTSPART III SERVICE OF SUMMONS IN CRIMINAL PROCEEDINGS AND EXECUTION OF W ARRANTS 7. Service of summons in criminal proceedings in Zambia 8. Execution of warrant of imprisonment for non-payment of fine PART IV SERVICE OF A SUBPOENAPART IV SERVICE OF A SUBPOENA 9. Service of a subpoena in Zambia PART V ENFORCEMENT OF A JUDGMENTPART V ENFORCEMENT OF A JUDGMENT 10. Definition of "judgment" 11. Enforcement of a judgment in Zambia 12. Costs 13. Affidavit of liability to be filed Section 14. Stay of proceedings 15. Notification of proceedings upon a certificate PART VI GENERALPART VI G ENERAL 16. Proof of service 17. Regulations CHAPTER 79 Stay of proceedings 15. Notification of proceedings upon a certificate PART VI GENERALPART VI G ENERAL 16. Proof of service 17. Regulations CHAPTER 79 The Laws of Zambia Copyright Ministry of Legal Affairs, Government of the Republic of Zambia SERVICE OF PROCESS AND EXECUTION OF JUDGMENTS An Act to provide for the service in Zambia of civil and criminal process of any court of record in Zimbabwe or Malawi, the execution in Zambia of civil judgments of any such court, and for matters incidental to the foregoing. [1st February, 1957] 4 of 1956 7 of 1963 Government Notices 335 of 1964 497 of 1964 Statutory Instruments 169 of 1965 21 of 1967 196 of 1969 PART I PRELIMINARY 1. This Act may be cited as the Service of Process and Execution of Judgments Act. (As amended by G.N. No. 335 of 1964) Short title 2. In this Act, unless the context otherwise requires- Interpretation "court" means any court (other than the Supreme Court for Zambia, any court established by or under the Local Courts Act, of Zimbabwe, Zambia or Malawi and is required by such law to keep a record of its proceedings; Cap. ourt established by or under the Local Courts Act, of Zimbabwe, Zambia or Malawi and is required by such law to keep a record of its proceedings; Cap. 29 "defendant" includes any party against whom relief is sought in a suit or who is required to attend the proceedings in any suit as a party thereto; "party" includes the Government or any person suing or being sued on behalf of the Government; "person" includes any company or association or a body of persons, corporate or unincorporate, and the Government; "plaintiff" includes any party seeking relief in a suit against any other party; "proper officer" means the Registrar of the High Court of Zimbabwe, Malawi or the High Court for Zambia, the clerk of an inferior court of Zimbabwe or Malawi or of a subordinate court of Zambia, or any other similar officer, as the case may be; "suit" means any suit or action or other original proceedings in any court between parties commenced by a summons or in any such other manner as may be provided by or under any law in force in Zimbabwe, Zambia or Malawi, but does not include any criminal proceedings; in any such other manner as may be provided by or under any law in force in Zimbabwe, Zambia or Malawi, but does not include any criminal proceedings; The Laws of Zambia Copyright Ministry of Legal Affairs, Government of the Republic of Zambia "summons" means- (a) in relation to a suit any summons, writ of summons, concurrent writ of summons, originating summons or other process by which a suit is commenced or the object of which is to require the appearance in any court of any person against whom relief is sought in a suit, or who is interested in resisting such relief; (b) in relation to any criminal proceedings, a summons or other similar process which directs any person to appear before any court to answer a charge or complaint of having committed an offence. (As amended by G.N. No. 335 of 1964 and S.I. No. 169 of 1965) PART II SERVICE OF SUMMONS IN CIVIL PROCEEDINGS ISSUED OUT OF A COURT IN ZIMBABWE OR MALAWI IN ZAMBIA AND PROCEEDINGS CONSEQUENT THEREONPART II SERVICE OF SUMMONS IN CIVIL PROCEEDINGS I SSUED OUT OF A COURT IN Z IMBABWE OR M ALAWI IN Z AMBIA AND PROCEEDINGS CONSEQUENT T HEREON 3. Whenever in a suit in a court in Zimbabwe or Malawi any summons or other process (other than a subpoena) is required to be served in Zambia, such service may be effected in such manner and by such person as may be prescribed. (G.N. No. er than a subpoena) is required to be served in Zambia, such service may be effected in such manner and by such person as may be prescribed. (G.N. No. 335 of 1964) Service of certain summons and process in Zambia 4. (1) Every summons for service under the provisions of this Part shall, in addition to any other endorsement or notice required by any law in force in Zimbabwe or Malawi and the endorsement or annexure required by subsection (2), have- Endorsement of summons (a) the following endorsement thereon: "This summons (or other process, as the case may be) is to be served out of the Territory of and in Zambia under the provisions of the Service of Process and Execution of Judgments Act."; and (b) such other endorsement as may be prescribed. (2) Every summons for service under the provisions of this Part shall contain and have endorsed thereon or annexed thereto a short statement of the nature of the claim made or relief sought by the plaintiff in the suit and, if the plaintiff sues in a representative capacity, shall state the capacity in which he sues. (As amended by G.N. No. 335 of 1964) f in the suit and, if the plaintiff sues in a representative capacity, shall state the capacity in which he sues. (As amended by G.N. No. 335 of 1964) The Laws of Zambia Copyright Ministry of Legal Affairs, Government of the Republic of Zambia 5. If a summons or a copy thereof does not bear all the endorsements or annexures required by or under this Part, it shall be ineffective for service under the provisions of this Part. Failure to endorse summons 6. (1) The period fixed by a summons for service under the provisions of this Part for appearance being entered by the defendant shall, notwithstanding the provisions of any rules of court governing the time for the entry of appearance, be such period, not being less than twenty-one days, as the proper officer of the court out of which the summons was issued may determine. Entry of appearance (2) Every appearance entered by or on behalf of a defendant to a summons served upon him under the provisions of this Part shall, subject to the provisions of subsection (1), be entered in accordance with the rules of the court out of which the summons was issued and shall, in accordance with such rules, give an address at which all process, proceedings and notices may be served upon or left for him. was issued and shall, in accordance with such rules, give an address at which all process, proceedings and notices may be served upon or left for him. (3) If such address is not given or is fictitious or illusory, the appearance may be set aside as irregular. PART III SERVICE OF SUMMONS IN CRIMINAL PROCEEDINGS AND EXECUTION OF WARRANTSPART III SERVICE OF SUMMONS IN CRIMINAL PROCEEDINGS AND EXECUTION OF W ARRANTS 7. (1) Whenever a summons has been issued in Zimbabwe or Malawi directing any person to appear before a court of the State in which the summons was issued to answer a charge or complaint of having committed an offence in respect of which such court has jurisdiction, the summons may be served on that person in Zambia in such manner and by such person as may be prescribed. Service of summons in criminal proceedings in Zambia (2) Every summons for service under the provisions of this Part shall, in addition to any other endorsement required by any law in force in the State in which the summons was issued, have- (a) the following endorsement thereon: "This summons (or other process, as the case may be) is to be served out of the State of and in Zambia under the provisions of the Service of Process and Execution of Judgments Act."; and (b) such other endorsement as may be prescribed. of and in Zambia under the provisions of the Service of Process and Execution of Judgments Act."; and (b) such other endorsement as may be prescribed. The Laws of Zambia Copyright Ministry of Legal Affairs, Government of the Republic of Zambia (3) If a summons or copy thereof does not bear all the endorsements required by or under this Part, it shall be ineffective for service under the provisions of this Part. (4) If there is produced to a magistrate a warrant for the apprehension of the person upon whom a summons was so served as aforesaid in respect of the failure of such person to appear at the time and place mentioned in the summons and if the magistrate is satisfied that such summons was duly served within a sufficient time before the day appointed for the hearing and that such warrant was issued by the court from which such summons was issued, he shall endorse the warrant in the manner prescribed and thereafter it may be executed in Zambia and shall be sufficient authority for any person charged with the execution of warrants in Zambia to apprehend the person against whom the warrant was issued and bring him before a magistrate having jurisdiction in the area in which the person was apprehended. the person against whom the warrant was issued and bring him before a magistrate having jurisdiction in the area in which the person was apprehended. (5) Such magistrate may- (a) order the person to be sent to the jurisdiction in which the warrant was issued and, for that purpose, direct that he be detained in a prison for a period not exceeding ten days pending his delivery into the custody of any person to whom the warrant was originally directed; or (b) admit the person to bail on such recognizance as he thinks fit on condition that such person appears at an appointed time and place in the jurisdiction in which the warrant was issued. (6) Whenever any person has been admitted to bail in accordance with the provisions of paragraph (b) of subsection (5), and the court admitting the person to bail is satisfied that the person has failed to comply with the conditions of the recognizance on which he was admitted to bail, the court may declare the recognizance to be forfeited and the payment of any sum due by any person under the recognizance may be enforced in the same manner as a fine imposed by that court. (7) Any sum recovered by virtue of the provisions of subsection (6) shall be transmitted to the proper officer of the court out of which the warrant was issued. (As amended by G.N. No. 335 of 1964) 8. of subsection (6) shall be transmitted to the proper officer of the court out of which the warrant was issued. (As amended by G.N. No. 335 of 1964) 8. Whenever a court in Zimbabwe or Malawi issues a warrant for the imprisonment of a convicted person who has failed to pay a fine imposed by that court, the warrant may, if it is endorsed in the manner prescribed, be executed in Zambia and shall be sufficient authority for- (a) any person charged with the execution of warrants to apprehend such convicted person and lodge him in the nearest prison; and (b) the officer in charge of any prison and all other persons to carry into effect the sentence described in the warrant: Execution of warrant of imprisonment for non-payment of fine prison and all other persons to carry into effect the sentence described in the warrant: Execution of warrant of imprisonment for non-payment of fine The Laws of Zambia Copyright Ministry of Legal Affairs, Government of the Republic of Zambia Provided that, if such convicted person tenders to the person executing the warrant the full amount of the fine imposed by the court, the warrant shall not be executed and the full amount of the fine shall be transmitted to the proper officer of the court out of which the warrant was issued. (No. 7 of 1963 as amended by G.N. No. 335 of 1964) PART IV SERVICE OF A SUBPOENAPART IV SERVICE OF A SUBPOENA 9. out of which the warrant was issued. (No. 7 of 1963 as amended by G.N. No. 335 of 1964) PART IV SERVICE OF A SUBPOENAPART IV SERVICE OF A SUBPOENA 9. (1) Whenever a subpoena has been issued by a court in Zimbabwe or Malawi requiring any person to appear to give evidence or to produce any books or documents in any criminal or civil proceedings before such court, such subpoena may be served on that person in Zambia in such manner and by such person as may be prescribed if there have been transmitted to the person who is to effect service of the subpoena the expenses of such service and the reasonable expenses to be incurred by the person required to appear to give evidence or to produce the books or documents in going to and returning from the court named in the subpoena and to be incurred by him during his detention at the place where his evidence has to be given or the books or docments have to be produced. subpoena and to be incurred by him during his detention at the place where his evidence has to be given or the books or docments have to be produced. Service of a subpoena in Zambia (2) If there is produced to a magistrate a warrant for the apprehension of the person upon whom a subpoena was so served in respect of his failure to appear at the time and place mentioned in the subpoena and the magistrate is satisfied that- (a) the subpoena was duly served within a sufficient time before the time mentioned in the subpoena; and (b) the warrant was issued by the court by which the subpoena was issued; and (c) a reasonable sum was paid or tendered for such person's expenses; the magistrate shall endorse the warrant in the manner prescribed and thereafter it may be executed in Zambia and shall be sufficient authority for any person charged with the execution of warrants in Zambia to apprehend the person against whom the warrant was issued and bring him before a magistrate having jurisdiction in the area in which the person was apprehended. (3) The provisions of subsections (5), (6) and (7) of section seven shall apply in relation to a warrant endorsed under the provisions of subsection (2) in the same manner as if the warrant had been endorsed under the provisions of subsection (4) of section seven. (As amended by G.N. No. 335 of 1964) ) in the same manner as if the warrant had been endorsed under the provisions of subsection (4) of section seven. (As amended by G.N. No. 335 of 1964) The Laws of Zambia Copyright Ministry of Legal Affairs, Government of the Republic of Zambia PART V ENFORCEMENT OF A JUDGMENTPART V ENFORCEMENT OF A JUDGMENT 10. In this Part, unless the context otherwise requires- Definition of "judgment" "judgment" means- (a) any judgment or order whereunder a sum of money is payable, given or made by a court in any civil proceedings, but does not include an order, other than an order made against a father for the maintenance of an illegitimate child, for the periodical payment of sums of money towards the maintenance of the wife or other dependants (including any woman from whom he has been divorced) of the person against whom the order is made; (b) an award in proceedings on an arbitration, if the award has, in pursuance of the law in force in the jurisdiction where it was made, become enforceable in the same manner as a judgment given by a court in that jurisdiction; or (c) any judgment or order given or made by a court in any criminal proceedings whereunder a sum of money is payable in respect of compensation or damages to an injured person. (As amended by G.N. No. 335 of 1964) 11. proceedings whereunder a sum of money is payable in respect of compensation or damages to an injured person. (As amended by G.N. No. 335 of 1964) 11. (1) Where a judgment is given or has, before the 1st January, 1964, been given in a court of Zimbabwe or Malawi, any person in whose favour such judgment is or has been given may obtain registration in Zambia of the certificate of such judgment by the production of a certificate of such judgment to the proper officer of- Enforcement of a judgment in Zambia (a) the High Court for Zambia, in the case of a certificate granted by the proper officer of the High Court of Zimbabwe or Malawi or (b) a subordinate court of Zambia, in the case of a certificate granted by the proper officer of an inferior court of Zimbabwe or Malawi. (2) Upon the production of him of such certificate, the proper officer shall register the certificate by entering the particulars thereof in a register to be kept by him and to be called "The Register of Zimbabwe and Malawi Judgments". the certificate by entering the particulars thereof in a register to be kept by him and to be called "The Register of Zimbabwe and Malawi Judgments". (3) On registration thereof, such certificate shall be a record of the court in which it is registered and shall have the same force and effect in all respects as a judgment of that court, and the like proceedings, including, as the case may be, proceedings in bankruptcy or insolvency or for the compulsory winding up of a body corporate, may be taken upon the certificate as if the judgment had been a judgment of that court, and interest shall be payable thereunder at the rate, if any, and from the date specified therein. if the judgment had been a judgment of that court, and interest shall be payable thereunder at the rate, if any, and from the date specified therein. The Laws of Zambia Copyright Ministry of Legal Affairs, Government of the Republic of Zambia (4) No such certificate shall be registered after the expiration of a period of twelve months from the date of the judgment to which the certificate relates without the leave of the court in which it is desired to register the certificate. (As amended by G.N. No. 335 of 1964 and S.I. No. 169 of 1965) 12. (1) Upon being satisfied that the registration of a certificate was reasonable and justifiable under the circumstances, the court in which the certificate has been registered may order that the plaintiff's costs of registration and other proceedings under this Act, in an amount to be determined by the court, but not exceeding such amount as may be prescribed, shall be paid by the defendant to the plaintiff. Costs (2) Any such order shal be deemed to be incorporated in the certificate and the amount payable thereunder shall be deemed to be payable under the certificate. such order shal be deemed to be incorporated in the certificate and the amount payable thereunder shall be deemed to be payable under the certificate. (3) For the purposes of this section, "plaintiff", in relation to a judgment referred to in paragraph (c) of section ten, means the person to whom the sum of money is payable under the judgment, and "defendant" means the person liable to pay such sum of money. (As amended by S.I. No. 169 of 1965) 13. No execution shall be issued or other proceedings taken upon any such certificate unless there is filed in the court out of which it is intended to issue execution or take such other proceedings an affidavit made by the person in whose favour the judgment is given or by some other person cognizant of the facts of the case stating that the amount for which execution is proposed to be issued or other proceedings to be taken is actually due and payable. Affidavit of liability to be filed 14. The court in which any such certificate has been registered may, on the application of any person against whom the judgment was given- (a) order a stay of the proceedings on such terms as to the giving of security or as to the making of an application to the court by which the judgment was given to set aside the judgment; or (b) grant such other relief; as it may deem fit. Stay of proceedings 15. on to the court by which the judgment was given to set aside the judgment; or (b) grant such other relief; as it may deem fit. Stay of proceedings 15. (1) Whenever- Notification of proceedings upon a certificate (a) any such certificate is registered in any court; or (b) any execution is issued or any other proceedings are taken upon any such certificate; the proper officer shall forthwith notify the proper officer of the court in which the judgment was given accordingly. aken upon any such certificate; the proper officer shall forthwith notify the proper officer of the court in which the judgment was given accordingly. The Laws of Zambia Copyright Ministry of Legal Affairs, Government of the Republic of Zambia (2) Whenever a judgment in respect of which a certificate has been registered in a court of Zimbabwe or Malawi has been set aside or varied, the proper officer of the court in which the judgment was given shall forthwith- (a) in the case where the judgment has been set aside, notify in writing the proper officer of every court in which the certificate has been registered; and (b) in the case where the judgment has been varied, forward to the proper officer of every court in which the certificate was registered notice in writing that the judgment has been varied and a certificate under his hand and seal of the judgment so varied. (3) Whenever any judgment in respect of which a certificate has been registered in any court of Zimbabwe or Malawi has been satisfied in whole or in part, the proper officer of the court in which the judgment was given shall forthwith, upon such satisfaction being made or notified, as the case may be, enter such satisfaction upon the judgment and notify in writing the proper officer of every court in which the certificate has been registered. ay be, enter such satisfaction upon the judgment and notify in writing the proper officer of every court in which the certificate has been registered. (4) Where a certificate in respect of a judgment given in Zimbabwe or Malawi has been registered in any court in Zambia and- (a) the proper officer of that court receives notice in writing from the proper officer of the court in which the judgment was given that the judgment has been set aside, the first-mentioned proper officer shall cancel the registration of the certificate; (b) the proper officer of that court receives notice in writing from the proper officer of the court in which the judgment was given of the variation of the judgment and a certificate under the hand and seal of that proper officer of the judgment so varied, the first-mentioned proper officer shall cancel the registration of the certificate and register the new certificate of the judgment in the manner provided in subsection (2) of section eleven, and thereafter the provisions of subsection (3) of section eleven and of sections thirteen and fourteen and of subsection (1) shall apply in relation thereto. eafter the provisions of subsection (3) of section eleven and of sections thirteen and fourteen and of subsection (1) shall apply in relation thereto. (5) Whenever the proper officer of a court in Zambia receives notice in writing from the proper officer of a court in Zimbabwe or Malawi that a judgment in respect of which a certificate has been registered in the court of such first-mentioned proper officer has been satisfied in whole or in part, the proper officer receiving such notice shall enter such satisfaction upon the certificate so registered. (As amended by G.N. No. 335 of 1964) part, the proper officer receiving such notice shall enter such satisfaction upon the certificate so registered. (As amended by G.N. No. 335 of 1964) The Laws of Zambia Copyright Ministry of Legal Affairs, Government of the Republic of Zambia PART VI GENERALPART VI G ENERAL 16. Whenever any process issued in Zambia has been served in Zimbabwe or Malawi, such service may be proved- (a) by an affidavit sworn before a justice of the peace, commissioner of oaths, notary public, or any other person having authority to administer oaths in the jurisdiction in which the service was effected; or (b) in such other manner as may be prescribed. (As amended by G.N. No. 335 of 1964) Proof of service 17. (1) The Attorney-General may, by statutory instrument, make regulations for the better carrying out of the objects and purposes of this Act, and without derogation from the generality of the foregoing, may make regulations- Regulations (a) in respect of any matter which may be prescribed; and (b) prescribing fees for the service of any process under the provisions of this Act. (2) Different regulations may be made under this section in respect of different courts. (As amended by G.N. No. 335 of 1964 and S.I. No. of this Act. (2) Different regulations may be made under this section in respect of different courts. (As amended by G.N. No. 335 of 1964 and S.I. No. 196 of 1969) SUBSIDIARY LEGISLATION SERVICE OF PROCESS AND EXECUTION OF JUDGMENTS THE SERVICE OF PROCESS AND EXECUTION OF JUDGMENTS REGULATIONS Cap. 79 ARRANGEMENT OF REGULATIONS PART I PRELIMINARYPART I PRELIMINARY ION OF JUDGMENTS THE SERVICE OF PROCESS AND EXECUTION OF JUDGMENTS REGULATIONS Cap. 79 ARRANGEMENT OF REGULATIONS PART I PRELIMINARYPART I PRELIMINARY The Laws of Zambia Copyright Ministry of Legal Affairs, Government of the Republic of Zambia Regulation 1. Title 2. Interpretation PART II SERVICE OF PROCESSPART II SERVICE OF PROCESS 3. Persons authorised to effect service 4. Time when service may be effected 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 JUDGMENTSPART III EXECUTION OF JUDGMENTS 13. Contents and form of certificate of judgment 14. Costs of registration of certificate of judgment F IRST SCHEDULE -Form of endorsement of warrant SECOND SCHEDULE -Form of certificate of service T HIRD SCHEDULE -Form of certificate of judgment SECTION 17-THE SERVICE OF PROCESS AND EXECUTION OF JUDGMENTS REGULATIONS Regulations by the Attorney-General Federal Government Notices 23 of 1957 50 of 1963 275 of 1963 Government Notices 351 of 1964 497 of 1964 Statutory Instrument 222 of 1965 47 of 1995 48 of 1995 Government Notices 23 of 1957 50 of 1963 275 of 1963 Government Notices 351 of 1964 497 of 1964 Statutory Instrument 222 of 1965 47 of 1995 48 of 1995 The Laws of Zambia Copyright Ministry of Legal Affairs, Government of the Republic of Zambia PART I PRELIMINARYPART I PRELIMINARY 1. These Regulations may be cited as the Service of Process and Execution of Judgments Regulations. Title 2. In these Regulations, unless the context otherwise requires- Interpretation "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; Cap. 27 Cap. 29 "sheriff" means a sheriff, deputy sheriff or under-sheriff of the State in which a summons, subpoena or other process is to be served. (As amended by G.N. No. 351 of 1964 and S.I. No. 222 of 1965) PART II SERVICE OF PROCESSPART II SERVICE OF PROCESS 3. r other process is to be served. (As amended by G.N. No. 351 of 1964 and S.I. No. 222 of 1965) PART II SERVICE OF PROCESSPART II SERVICE OF PROCESS 3. (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- Persons authorised to effect service (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- 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- The Laws of Zambia Copyright Ministry of Legal Affairs, Government of the Republic of Zambia (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. (As amended by G.N. No. 351 of 1964 and S.I. No. 222 of 1965) 4. A summons, subpoena or other process required to be served under the provisions of the Act may be served on such day and at such time as is permitted in respect of the service of similar process issued out of a court of Zambia. (As amended by G.N. No. 351 of 1964 and S.I. No. 222 of 1965) Time when service may be effected 5. of similar process issued out of a court of Zambia. (As amended by G.N. No. 351 of 1964 and S.I. No. 222 of 1965) Time when service may be effected 5. (1) Subject to the provisions of this regulation, where a summons or other process (other than a subpoena) is required to be served under the provisions of Part II of the Act- Service of summons or other process (other than a subpoena) in a suit (a) on a person other than a body corporate, such service may be effected- (i) on him personally or on his duly authorised agent; or (ii) at his place of residence on any responsible member of his household; or (iii) at his place of business on any responsible person employed there; or (iv) at his place of employment on the manager or other person under whose supervision he works; or (v) if he has chosen in Zambia an address for service, at the address so chosen; (b) on an incorporated company or other body corporate, such service may be effected at its registered or local office on a director, or the secretary, local manager or other principal officer of such company or body; (c) on a partnership, such service may be effected- (i) on any one or more of the partners in any manner prescribed in paragraph (a); or (ii) at the principal place of business of the partnership on any person having, at the time of the service, the control or management of the partnership business; (d) on two or more persons sued in their capacity as trustees of an insolvent or bankrupt estate, judicial managers, trustees or administrators, liquidators of a company, executors, guardians or a committee in lunacy, such service may be effected on any one of such persons in any manner prescribed in paragraph (a); any, executors, guardians or a committee in lunacy, such service may be effected on any one of such persons in any manner prescribed in paragraph (a); The Laws of Zambia Copyright Ministry of Legal Affairs, Government of the Republic of Zambia (e) on a syndicate, unincorporated company, club, society, church, public institution or other body, such service may be effected- (i) on the persons named in the summons or other process in any manner prescribed in paragraph (a); or (ii) if the syndicate, unincorporated company, club, society, church, public institution or other body has been sued or cited in its unincorporate name, at the local office or place of business of such body or, if there is none, on the chairman, secretary or other officer thereof in any manner prescribed in paragraph (a); (f) on a person detained in any prison established by law, such service may be effected at the prison on the officer in charge thereof who shall cause the summons or other process to be delivered and explained to such person; (g) on the sovereign Republic of Zambia, such service may be effected on the Attorney-General or the officer of the Attorney-General's Chambers having the conduct of the proceedings to which such summons or other process relates; (h) on a person of unsound mind in respect of whom a committee has not been appointed or who has not been so found by inquisition, such service may be effected on the person with whom such person of unsound mind resides or under whose care he is. not been so found by inquisition, such service may be effected on the person with whom such person of unsound mind resides or under whose care he is. (2) When a rule nisi or decree nisi issued in any proceedings relating to divorce, judicial separation or nullity of marriage is required to be served under the provisions of Part II of the Act, such service shall be effected on the person named therein personally. (3) If a person required to be served under the provisions of Part II of the Act keeps his residence or place of business closed and thereby prevents service being effected in a manner prescribed in sub-regulation (1), such service may be effected by affixing a copy of the summons or other process to the outer or principal door of his residence or place of business. (As amended by G.N. No. 351 of 1964 and S.I. No. 222 of 1965) 6. Every summons for service under the provisions of Part II of the Act shall, if the law in force in the State in which it is issued requires an appearance to be entered, have the following endorsement thereon: Endorsement of summons in a suit "If you enter an appearance to this summons (or other process, as the case may be) you must give an address for service at some place within five miles of the .................................... Court of ..................................... give an address for service at some place within five miles of the .................................... Court of ..................................... at ...................................., at which documents or notices may be left or served". at ...................................., at which documents or notices may be left or served". The Laws of Zambia Copyright Ministry of Legal Affairs, Government of the Republic of Zambia 7. Where a summons is required to be served under the provisions of Part III of the Act- (a) on any person other than an incorporated company or other body corporate, such service may be effected- Service of summons in criminal proceedings (i) on him personally; or (ii) if he cannot, after diligent search, be found, then- A. at his place of residence on any responsible member of his household; B. at his place of business on any responsible person employed there; or C. at his place of employment on the manager or other person under whose supervision he works; or (iii) if service in any manner prescribed in subparagraph (i) or (ii) cannot, by the exercise of reasonable diligence, be effected, then by affixing a copy of the summons to the outer or principal door of the house in which the person to be served ordinarily resides; (b) on an incorporated company or other body corporate, such service may be effected at its registered or local office on a director or the secretary, local manager or other principal officer of such company or body. 8. may be effected at its registered or local office on a director or the secretary, local manager or other principal officer of such company or body. 8. (1) A warrant issued under the provisions of section seven of the Act shall be endorsed in the manner set out in Part I of the First Schedule. Endorsement of warrants in criminal proceedings (2) A warrant issued by a court in Zimbabwe or Malawi for the imprisonment of a convicted person who has failed to pay a fine imposed by that court shall, if it is to be executed in Zambia, be endorsed in the manner set out in Part II of the First Schedule by a magistrate of Zambia. (F.G.N. No. 275 of 1963 as amended by G.N. No. 351 of 1964 and S.I. No. 222 of 1965) 9. Where a subpoena is required to be served under the provisions of Part IV of the Act, such service shall be effected on the person named therein personally or if he cannot, after diligent search, be found, then in any manner prescribed in paragraph (a) of sub-regulation (1) of regulation 5 or sub-regulation (3) of regulation 5, as may be appropriate, for service of a summons or other process in a suit. Service of subpoena 10. egulation 5 or sub-regulation (3) of regulation 5, as may be appropriate, for service of a summons or other process in a suit. Service of subpoena 10. (1) Subject to the provisions of sub-regulation (2), the person serving any summons, subpoena or other process under the provisions of the Act shall, if such service is effected on a person- Duties of person effecting service summons, subpoena or other process under the provisions of the Act shall, if such service is effected on a person- Duties of person effecting service The Laws of Zambia Copyright Ministry of Legal Affairs, Government of the Republic of Zambia (a) deliver to such person a copy of the summons, subpoena or other process and exhibit to him the original or a duplicate original thereof; and (b) if so requested by such person and able to do so, explain to him the contents and exigency of the summons, subpoena or other process. (2) Where by reason of the violent behaviour of, or threats of violent behaviour made by, the person on whom the service is to be effected or any person acting in concert with him, service of any process under the provisions of the Act cannot be effected in accordance with the provisions of sub-regulation (1), such service may be effected by informing the person on whom service is to be effected of the nature of the process and by leaving a copy thereof as near to him as is practicable in the circumstances. 11. (1) Where service of any process under the provisions of the Act has been effected by a sheriff, messenger or other officer of the court, such service may be proved by a certificate of service in the form set out in the Second Schedule. a sheriff, messenger or other officer of the court, such service may be proved by a certificate of service in the form set out in the Second Schedule. Proof of service (2) Where service of any process under the provisions of the Act has been effected by any other person, such service may be proved by an affidavit sworn in the manner prescribed in paragraph (a) of section sixteen of the Act and endorsed on or attached to the original or a duplicate original of such process verifying the manner, time and place of service and the person, if any, on whom service was effected. (3) A certificate of service in the form set out in the Second Schedule shall, on production and without proof of signature, be prima facie evidence of the facts therein stated. (4) The person who has effected service of any process under the provisions of the Act shall forthwith deliver to the person from whom the process was received- (a) the original or a duplicate original of the process served; (b) the affidavit referred to in sub-regulation (2) or a certificate of service in the form set out in the Second Schedule, as the case may be; and (c) a statement of the charges for effecting such service. 12. tificate of service in the form set out in the Second Schedule, as the case may be; and (c) a statement of the charges for effecting such service. 12. The person serving any process under the provisions of the Act shall be entitled to receive therefor such fees (including any allowances in respect of travelling and subsistence expenses) as are prescribed for the service of similar process, notwithstanding that he is not a person or member of a class of persons in respect of whom such fees are so prescribed. (As amended by G.N. No. 351 of 1964) Fees for the service of process n or member of a class of persons in respect of whom such fees are so prescribed. (As amended by G.N. No. 351 of 1964) Fees for the service of process The Laws of Zambia Copyright Ministry of Legal Affairs, Government of the Republic of Zambia PART III EXECUTION OF JUDGMENTSPART III EXECUTION OF JUDGMENTS 13. A certificate of judgment issued in accordance with the provisions of section eleven of the Act shall- (a) contain the following particulars of the judgment: Contents and form of certificate of judgment (i) the number of the cause or case; (ii) the names of the plaintiff and defendant; (iii) the name and address of the party against whom the judgment has been given; (iv) the date on which the judgment was given; (v) an abstract of the judgment specifying, in particular, any amount ordered to be paid, any interest payable thereon and the taxed or approved costs; (b) be in the form set out in the Third Schdule. 14. The amount of the plaintiff's costs of registration of a certificate of judgment shall not exceed- (a) in the case of a certificate registered in a High Court, the sum of K800; (b) in the case of a certificate registered in an inferior court, the sum of K800. (As amended by F.G.N. No. 50 of 1963, S.I. No. 47 of 1995, and S.I. No. in the case of a certificate registered in an inferior court, the sum of K800. (As amended by F.G.N. No. 50 of 1963, S.I. No. 47 of 1995, and S.I. No. 48 of 1995) Costs of registration of certificate of judgment FIRST SCHEDULE (Regulation 8) 48 of 1995) Costs of registration of certificate of judgment FIRST SCHEDULE (Regulation 8) The Laws of Zambia Copyright Ministry of Legal Affairs, Government of the Republic of Zambia PART I FORM OF ENDORSEMENT OF WARRANT The within warrant, duly signed by .......................................................................................................................................... a ..............................................................................................................................................................(Judge or magistrate), and sealed with the seal, if any, of the ........................................................................................................................................ Court at ...................................................................................................................................................................................... having this day been produced to me by .................................................................................................................................... ...................................................................................................... ............................................... ...................................................................................................... I do hereby authorise the ................................................... and all other persons to whom this warrant is directed, or by whom it may be lawfully executed and also police officers of Zambia to execute this warrant and to bring the said.................................................................................................................. if he be apprehended before me or some magistrate having jurisdiction in the area in which he has been apprehended to be dealt with according to law. Given under my hand at .......................................................................................................................................................... this .................................................... day of ............................................................................................................... 19.......... Signature ........................................................................ ...................................................... 19.......... Signature ........................................................................ The Laws of Zambia Copyright Ministry of Legal Affairs, Government of the Republic of Zambia PART II FORM OF ENDORSEMENT OF WARRANT The within warrant, duly signed by .......................................................................................................................................... a ..............................................................................................................................................................(Judge or magistrate), and sealed with the seal, if any, of the ...................................................................................................................................... Court at ...................................................................................................................................................................................... having this day been produced to me by .................................................................................................................................... produced to me by .................................................................................................................................... ........................................................................................................I do hereby authorise the ................................................... and all other persons to whom this warrant is directed, or by whom it may be lawfully executed and also police officers of Zambia to execute this warrant and to lodge the said................................................................................................................ if he be apprehended in the nearest prison, to be dealt with according to law. Given under my hand at.......... this..........day of..........19......... Signature ................................................................................ (G.N. No. 351 of 1964 as amended by S.I. No. 222 of 1965) The Laws of Zambia Copyright Ministry of Legal Affairs, Government of the Republic of Zambia SECOND SCHEDULE (Regulation 11) by S.I. No. 222 of 1965) The Laws of Zambia Copyright Ministry of Legal Affairs, Government of the Republic of Zambia SECOND SCHEDULE (Regulation 11) The Laws of Zambia Copyright Ministry of Legal Affairs, Government of the Republic of Zambia FORM OF CERTIFICATE OF SERVICE I, .......................................................................................................................... a .............................................................. of the .................................................. Court at .......................................................................................................................... hereby certify that I have this .............. day of .............................................................................................................., 19......, served a true copy of this .................................................................................................................................................. upon .........................................................................................................................................................., the defendant/respondent named therein at ................................................................................................................................ dent named therein at ................................................................................................................................ and that I have/have not explained to him the contents and exigency thereof. Dated at ........................................ this .............. day of ........................................................................................., 19.......... Signature .................................................................... The Laws of Zambia Copyright Ministry of Legal Affairs, Government of the Republic of Zambia THIRD SCHEDULE (Regulation 13) FORM OF CERTIFICATE OF JUDGMENT No. of cause or case Names of Plaintiff/Applicant and Defendant/Respondent Name and address of party against whom judgment is given Date of judgmen I certifiy that this certificate contains an accurate and correct statement of the particulars of a judgment given in the .................... at .................................................................................... on the .................................................... day of ................................................ Dated this ............................................................. day of ..................................................................................., 19..................
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