Zambia
Service of Process and Execution of Judgments, 1956
Chapter 79
- Commenced on 1 February 1957
- [This is the version of this document at 31 December 1996.]
- [This legislation has been revised and consolidated by the Ministry of Legal Affairs of the Government of the Republic of Zambia. This version is up-to-date as at 31st December 1996.]
Part I – Preliminary
1. Short title
This Act may be cited as the Service of Process and Execution of Judgments Act.[As amended by G.N. No. 335 of 1964]2. Interpretation
In this Act, unless the context otherwise requires—"court" means any court (other than the Supreme Court for Zambia, any court established by or under the Local Courts Act, of Zimbabwe, Zambia or Malawi and is required by such law to keep a record of its proceedings;[Cap. 29]"defendant" includes any party against whom relief is sought in a suit or who is required to attend the proceedings in any suit as a party thereto;"party" includes the Government or any person suing or being sued on behalf of the Government;"person" includes any company or association or a body of persons, corporate or unincorporate, and the Government;"plaintiff" includes any party seeking relief in a suit against any other party;"proper officer" means the Registrar of the High Court of Zimbabwe, Malawi or the High Court for Zambia, the clerk of an inferior court of Zimbabwe or Malawi or of a subordinate court of Zambia, or any other similar officer, as the case may be;"suit" means any suit or action or other original proceedings in any court between parties commenced by a summons or in any such other manner as may be provided by or under any law in force in Zimbabwe, Zambia or Malawi, but does not include any criminal proceedings;"summons" means—(a)in relation to a suit any summons, writ of summons, concurrent writ of summons, originating summons or other process by which a suit is commenced or the object of which is to require the appearance in any court of any person against whom relief is sought in a suit, or who is interested in resisting such relief;(b)in relation to any criminal proceedings, a summons or other similar process which directs any person to appear before any court to answer a charge or complaint of having committed an offence.[As amended by G.N. No. 335 of 1964 and S.I. No. 169 of 1965]Part II – Service of summons in civil proceedings issued out of a court in Zimbabwe or Malawi in Zambia and proceedings consequent thereon
3. Service of certain summons and process in Zambia
Whenever in a suit in a court in Zimbabwe or Malawi any summons or other process (other than a subpoena) is required to be served in Zambia, such service may be effected in such manner and by such person as may be prescribed.[G.N. No. 335 of 1964]4. Endorsement of summons
5. Failure to endorse summons
If a summons or a copy thereof does not bear all the endorsements or annexures required by or under this Part, it shall be ineffective for service under the provisions of this Part.6. Entry of appearance
Part III – Service of summons in criminal proceedings and execution of warrants
7. Service of summons in criminal proceedings in Zambia
8. Execution of warrant of imprisonment for non-payment of fine
Whenever a court in Zimbabwe or Malawi issues a warrant for the imprisonment of a convicted person who has failed to pay a fine imposed by that court, the warrant may, if it is endorsed in the manner prescribed, be executed in Zambia and shall be sufficient authority for—Part IV – Service of a subpoena
9. Service of a subpoena in Zambia
Part V – Enforcement of a judgment
10. Definition of "judgment"
In this Part, unless the context otherwise requires—"judgment" means—(a)any judgment or order whereunder a sum of money is payable, given or made by a court in any civil proceedings, but does not include an order, other than an order made against a father for the maintenance of an illegitimate child, for the periodical payment of sums of money towards the maintenance of the wife or other dependants (including any woman from whom he has been divorced) of the person against whom the order is made;(b)an award in proceedings on an arbitration, if the award has, in pursuance of the law in force in the jurisdiction where it was made, become enforceable in the same manner as a judgment given by a court in that jurisdiction; or(c)any judgment or order given or made by a court in any criminal proceedings whereunder a sum of money is payable in respect of compensation or damages to an injured person.[As amended by G.N. No. 335 of 1964]11. Enforcement of a judgment in Zambia
12. Costs
13. Affidavit of liability to be filed
No execution shall be issued or other proceedings taken upon any such certificate unless there is filed in the court out of which it is intended to issue execution or take such other proceedings an affidavit made by the person in whose favour the judgment is given or by some other person cognizant of the facts of the case stating that the amount for which execution is proposed to be issued or other proceedings to be taken is actually due and payable.14. Stay of proceedings
The court in which any such certificate has been registered may, on the application of any person against whom the judgment was given—15. Notification of proceedings upon a certificate
16. Proof of service
Whenever any process issued in Zambia has been served in Zimbabwe or Malawi, such service may be proved—17. Regulations
History of this document
31 December 1996 this version
Consolidation
01 February 1957
Commenced