| 1. |
Service is proved by filing in the court file the original
return of service which establishes the service. In the absence of an
acceptable explanation, returns of service will generally not be accepted
from the bar. |
| 2. |
Where publication in the Government Gazette or newspaper
of a court order, notice or other document has to be proved, the full
page of the Government Gazette or newspaper containing the relevant order,
notice or other document must be filed. The court order, notice or other
document must be clearly highlighted. In the absence of an acceptable
explanation, proof of publication will generally not be accepted from
the bar. |
| 3.1 |
Where service is effected at the registered address
of a company or close corporation the Sheriff must state in his return
that he or she ascertained that there was a board at the address where
service was effected indicating that that address was indeed the registered
office of the company or close corporation. |
| 3.2 |
In the absence of such a statement in the return
of service, the registered address must be proved by filing in the court
file of a form CM22 issued by the registrar of companies. |
| 4. |
Where service is effected at a domicilium citandi et executandi,
the original document wherein the domicilium is chosen must be in the
court file. |
| 5. |
In actions or applications for the imprisonment of the
defendant or respondent, personal service of the summons or application
must be effected on the defendant or respondent. If notice of the set
down of the matter has to be given to the defendant or respondent, personal
service of the notice of set down must be effected on the defendant or
respondent. |
| 6. |
When service of any document by registered post is prescribed
or authorised (in any action or application), such service is proved
by the production of an affidavit by the person who procured the despatch
of such document, in which he/she |
| |
6.1 |
indicates the date of despatch together with the name and address
of the addressee; |
| |
6.2 |
describes the document so despatched; |
| |
6.3 |
indicates, if that be the case, that the item in question has not
been returned to the sender by the Post Office as being undelivered,
and to which he annexes the documentary proof of posting of a registered
article issued by the Post Office. |
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