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Summary

Summary Chapter 11

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Detailed summary of chapter 11 from the fundamental principles of civil procedure textbook

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CHAPTER 11 – SERVICE OF
PROCESSES

Introduction
GENERAL:

Service of processes = ESSENTIAL – its significance is
that
 It gives legitimacy to the litigation procedure
AND
 It is a requirement of the audi alteram partem
principle AND
 Satisfaction of the court

Process:
 Any documents relating to the proceedings
 Summons /Plea /Declaration /Notice of intention
to defend / oppose etc

What does service entail?
 That the party initiating the proceedings must
bring the legal process to the attention to the
opposing party
 This so that the opposing party is notified of the
action being taken against him
 Also allows opposing party to take the necessary
steps to prepare his defence

WHO MAY SERVE PROCESSES:

2 main persons:
 Sheriff of the court (upon instruction of initiating
party)
 Personally by the initiating party / his legal
representative

Proof of service:
 By sheriff = return of service

,  By initiating party = acknowledgment of receipt
of service (signed and stamped by opposing
party)



SERVICE BY INITIATING PARTY:

Party may deliver:
 All interlocutory applications
 All discovery notices
 Notices of intention to oppose / defend
 Plea and replication
 NOT documents that initiate proceedings /
documents that are to be delivered exclusively
by sheriff

Deliver = serve on opposing party AND file at court
 Opposing party must acknowledge receipt of
service

How to serve process on opposing party:
 Issue process at court (signed/ stamped and
dated by registrar/clerk)
 Need the original copy of the process PLUS 2
copies
 Take all 3 copies to opposing party and get all 3
signed and stamped by opposing party as proof
of service (ie: opposing party acknowledges
receipt of service)
 Leave one copy with opposing party
 File the original copy in the court file
 Take the 2nd copy and file it in the office file

SERVICE BY THE SHERIFF:

Sheriff and Deputy Sheriff
 = Independent officers of the court
 Appointed by the Minister of Justice in terms of
the Sheriff’s Act
 NOT an agent of initiating party

Sheriff negligently/ intentionally acts in conflict with
the rules of court or fails to discharge his duty of

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Uploaded on
November 5, 2019
Number of pages
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