1. (1) Subject to the provisions of any Act or Ordinance and these Rules, a writ must be served personally on each defendant by the plaintiff, his agent or the Marshal and if the plaintiff wishes service of the writ to be effected by the Marshal he must leave the writ and a copy thereof at the Registry or Sub-Registry out of which the writ is to issue and file therein a præcipe in Form No. 14 in Appendix A. The appropriate fee in Appendix 5 to Order 62 shall be paid by the plaintiff on demand by the Marshal.

(2) Where a defendant's solicitor indorses on the writ a statement that he accepts service of the writ on behalf of that defendant, the writ shall be deemed to have been duly served on the defendant and to have been so served on that date on which the indorsement was made.

(3) Where a writ is not duly served on a defendant but he enters an unconditional appearance in the action begun by the writ, the writ shall be deemed to have been duly served on him and to have been so served on the date on which he entered the appearance.

(4) Where a writ is duly served on a defendant otherwise than by virtue of paragraph (2) or (3), then, subject to Order 11, rule 5, unless within three days after service the person serving it indorses on it the following particulars, that is to say, the day of the week and the date on which it was served, the precise place or address where it was served, the person on whom it was served, and, where he is not the defendant the capacity in which he was served, the plaintiff in the action begun by the writ shall not be entitled to enter final or interlocutory judgment against that defendant in default of appearance or in default of defence.

Service of Writ on Agent of Overseas Principal

2. (1) Where the Court is satisfied on an ex parte application that-

(a) a contract has been entered into within the jurisdiction with or through an agent who is either an individual residing or carrying on business within the jurisdiction or a body corporate having a registered office or a place of business within the jurisdiction, and

(b) the principal for whom the agent was acting was at the time the contract was entered into and is at the time of the application neither such an individual nor such a body corporate, and

(c) at the time of the application either the agent's authority has not been determined or he is still in business relations with his principal,

the Court may authorise service of a writ beginning an action relating to the contract to be effected on the agent instead of the principal.

(2) An Order under this rule authorising service of a writ on a defendant's agent must limit a time within which the defendant must enter an appearance.

(3) Where an order is made under this rule authorising service of a writ on a defendant's agent, a copy of the order and of the writ must be sent by post to the defendant at his address out of the jurisdiction.

Service of Writ in Pursuance of Contract

3. (1) Where-

(a) a contract contains a term to the effect that the High Court shall have jurisdiction to hear and determine any action in respect of a contract or, apart from any such term, the High Court has jurisdiction to hear and determine any such action, and

(b) the contract provides that, in the event of any action in respect of the contact being begun, the process by which it is begun may be served on the defendant, or on such other person on

his behalf as may be specified in the contract, in such manner or at such place, (whether within or out of the jurisdiction), as may be so specified,

then if an action in respect of the contract is begun in the High Court and the writ by which it is begun is served in accordance with the contract the writ shall, subject to paragraph (2), be deemed to have been duly served on the defendant.

(2) A writ which is served out of the jurisdiction in accordance with a contract shall not be deemed to have been duly served on the defendant by virtue of paragraph (1) unless leave to serve notice of the writ out of the jurisdiction has been granted under Order11, rule 2 or 3.

Service of Writ in certain Actions for Possession of Land

4. Where a writ is indorsed with a claim for the possession of land, the Court may-

(a) if satisfied on an ex parte application that no person appears to be in possession of the land and that service cannot be otherwise effected on any defendant, authorise service on that defendant to be effected by affixing a copy of the writ to some conspicuous part of the land;

(b) if satisfied on such an application that no person appears to be in possession of the land and that service could not otherwise have been effected on any defendant, order that service already effected by affixing a copy of the writ to some conspicuous part of the land shall be treated as good service on that defendant.

Service of Originating Summons, Petition and Notice of Motion

5. The foregoing rule of this Order (except rule 1(4)) shall apply in relation to an originating summons to which an appearance is required to be entered as they apply in relation to a writ, and rule 1(1) and (2) shall, with any necessary modifications, apply in relation to an originating summons to which no appearance need be entered, a notice of an originating motion and a petition as they apply in relation to a writ.

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