Last Updated: 1 August 2020

4 Service of originating summons (O 113, R 4)

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(1) Where any person in occupation of the land is named in the originating summons, the summons together with a copy of the affidavit in support shall be served on him or her—
  • (a)personally or in accordance with Order 10, Rule 5;
  • (b)by leaving a copy of the summons and of the affidavit or sending them to him or her, at the premises; or
  • (c)in such other manner as the court may direct.
(2) The summons shall, in addition to being served on the named defendants, if any, in accordance with paragraph (1) be served, unless the Court otherwise directs, by—
  • (a)affixing a copy of the summons and a copy of the affidavit to the main door or other conspicuous part of the premises; and
  • (b)if practicable, inserting through the letter box at the premises a copy of the summons and a copy of the affidavit enclosed in a sealed envelope addressed to “the occupiers.”
(3) Every copy of an originating summons for service under paragraph (1) or (2) shall be sealed with the seal of the High Court out of which the summons was issued.
(4) Order 28, Rule 4 shall not apply to proceedings under this Order.