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What is a service of summons?

After a summons has been filed with the court and issued by the court, the summons must be duly served on the defendant. Service of summons in the High Court must be by personal service on the defendant, failing which the plaintiff may apply to the court for substituted service. However, the Subordinate Courts allows service by prepaid registered post addressed to the last known address of the defendant and if unclaimed, apply for substitute service.

Where a summons or writ has to be served on a company, the rules provide that it may be served either:-

(a)  by leaving it at the registered office of the company;

(b)  by posting it to the office or if there is more than one, to the principal office of the company;

(c)  by personally serving it on the secretary, a director or other principal officer of the company.


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