| (1) |
A party requiring service of any process to be made by the sheriff shall deliver to him the original of such process, together with as many copies thereof as there are persons to be served. |
| (2) |
All process shall, subject to the provisions of this rule, be served upon the person affected thereby by delivery of a copy thereof in one of the following manners: |
| (a) |
To the said person personally or to his duly authorised agent; |
| (b) |
at the said person's residence or place of business to some person apparently not less than 16 years of age and apparently residing or employed there: Provided that for the purpose of this paragraph, when a building is occupied by more than one person or family, ''residence'' means that portion of the building occupied by the defendant; |
| (c) |
at the said person's place of employment to some person apparently not less than 16 years of age and apparently in authority over him or, in the absence of such person in authority, to a person apparently not less than 16 years of age and apparently in charge at the said person's place of employment; |
| (d) |
if the person to be served has chosen a domicilium citandi at the domicilium so chosen; |
| (e) |
in the case of a body corporate at its local office or principal place of business within the area of jurisdiction of the court concerned to a responsible employee thereof or in any other lawful manner; |
| (f) |
by registered post: Provided that where such service has been effected in the manner prescribed by paragraphs (b), (c) or (e), the sheriff shall indicate in the return of service of the process the name of the person to whom it has been delivered and the capacity in which such person stands in relation to the person, body corporate or institution affected by the process, and where such service has been effected in the manner prescribed by paragraphs (b), (c) or (f), the court may, if there is reason to doubt whether the process served has come to the actual knowledge of the person to be served, and in the absence of satisfactory evidence, treat such service as invalid. |
| (3) |
The sheriff shall, on demand by the person upon or against whom process is served, exhibit to him the original of the process except where service has been effected by post, in which case the original may be inspected where it is filed of record. |
| (4) |
Where the person to be served keeps his residence or place of business closed and thus prevents the sheriff from serving the process, it shall be sufficient service to affix a copy thereof to the outer or principal door of such residence or place of business. |
| (5) |
Where the sheriff is unable after diligent search to find at the residence or domicilium citandi of the person to be served either that person or a person referred to in subrule (2)(b) or, in the case of a body corporate referred to in subrule (2)(e), a responsible employee, it shall be sufficient service to affix a copy of the process to the outer or principal door of such residence, local office or principal place of business or to leave a copy of the process at such domicilium. |
| (6) |
If it comes to the sheriff's knowledge that the person on whom service must be made has a new residential address, the sheriff shall serve the process on the person at his new address. |
| (7) |
Where the relief claimed in any action is limited to an order for ejectment from certain premises or land or a judgment for the rent thereof and for the cost of such proceedings and it is not possible to effect service in the manner, prescribed in subrule (2), service of process may be effected by affixing a copy thereof to the outer or principal door of such premises or on some other conspicuous part of the premises or land in question. |
| (8) |
Where two or more persons are to be served with the same process, service shall be effected upon each, except— |
| (a) |
in the case of a partnership, when service may be effected by delivery at the office or place of business of such partnership, or if there be none such, then by service on any member of such partnership in any manner hereinbefore prescribed; |
| (b) |
in the case of two or more persons sued in their capacity as trustees of an insolvent estate, liquidators of a company, executors, curators or guardians, when service may be effected by delivery to any one of them in any manner hereinbefore prescribed; |
| (c) |
in the case of a syndicate, unincorporated company, club, society or church, when service may be effected by delivery at the local office or place of business of such body or, if there be none such, by service on the chairman or secretary or similar officer thereof in any manner hereinbefore prescribed. |
| (9) |
Where the court is satisfied that service cannot be effected in any manner hereinbefore prescribed and that the action is within its jurisdiction, it may make an order allowing service to be effected by the person and in the manner specified in such order. |
(10)
| (a) |
Where service of process may be effected by registered post such service shall, unless otherwise provided, be effected by the sheriff placing a copy of such process in an envelope and addressing and posting it by prepaid registered letter to the address of the party to be served and making application at the time of registration for an acknowledgment by the addressee of the receipt thereof as provided in regulation 44(5) of the regulations published under Government Notice R. 550 of 14 April 1960. |
| (b) |
A receipt form completed as provided in regulation 44(8) of the said regulations shall be a sufficient acknowledgment of receipt for the purposes hereof. |
| (c) |
If no such acknowledgment be received the sheriff shall state the fact in his return of service of the process. |
| (d) |
Every such letter shall have on the envelope a printed or typewritten notice in the following terms: |
"This letter must not be readdressed. If delivery is not effected before ............................... 19......, this letter must be delivered to the sheriff of the small claims court at...................................... ".
[Rule 13 substituted by rule 8 of Notice No. R. 851 of 1991]
Older Persons Act, 2006
