Rule 25 of The Employment and Labour Relations Court (Procedure) Rules: Service of summons
(1) The Court shall issue summons in Form 2 as set out in the First Schedule.
(2) Each claimant, the claimant’s advocate or other person authorized by the claimant shall, through
a qualified process server, serve the summons issued under subrule (1) on the respondent together
with the statement of claim.
(3) A summons shall be valid, in the first instance, for a period of six months beginning on the date of
its issue, and the Court may extend the validity if satisfied that it is just to do so.
(4) For purposes of subrule (3), a summons shall not be extended if twelve months have lapsed from
the date of its issue.
(5) Where period of the validity of a summons has lapsed, the suit shall be deemed to have abated and
the Court may strike it out with written notice to the claimant.
(6) Any party, the party’s advocate or other person authorized in law to act for the party, who files any
pleading in response to a suit filed in Court shall serve the pleadings on the claimant through a
qualified process server within fourteen days of filing or such other period as may be directed by the
Court.
(7) A party shall, upon effecting service of pleadings on any other party, prepare and file in Court an
affidavit of service in Form 3 as set out in the First Schedule.
(8) An affidavit of service shall be accompanied by evidence of acknowledgement of receipt of the
served document signed by the recipient, respondent, claimant or appellant as the case may be or
the persons accepting service on their behalf.
(9) If for any reason the signature of the recipient cannot be secured, the process server shall state so
in the affidavit of service.
(10) Where service of pleadings under these Rules is effected through a registered courier, the affidavit
of service shall be accompanied by the certificate of mailing.
(11) The Court may effect service on behalf of any party upon request in writing made by the party in
Form 4 as set out in the First Schedule and upon payment of the prescribed fee.
(2) Each claimant, the claimant’s advocate or other person authorized by the claimant shall, through
a qualified process server, serve the summons issued under subrule (1) on the respondent together
with the statement of claim.
(3) A summons shall be valid, in the first instance, for a period of six months beginning on the date of
its issue, and the Court may extend the validity if satisfied that it is just to do so.
(4) For purposes of subrule (3), a summons shall not be extended if twelve months have lapsed from
the date of its issue.
(5) Where period of the validity of a summons has lapsed, the suit shall be deemed to have abated and
the Court may strike it out with written notice to the claimant.
(6) Any party, the party’s advocate or other person authorized in law to act for the party, who files any
pleading in response to a suit filed in Court shall serve the pleadings on the claimant through a
qualified process server within fourteen days of filing or such other period as may be directed by the
Court.
(7) A party shall, upon effecting service of pleadings on any other party, prepare and file in Court an
affidavit of service in Form 3 as set out in the First Schedule.
(8) An affidavit of service shall be accompanied by evidence of acknowledgement of receipt of the
served document signed by the recipient, respondent, claimant or appellant as the case may be or
the persons accepting service on their behalf.
(9) If for any reason the signature of the recipient cannot be secured, the process server shall state so
in the affidavit of service.
(10) Where service of pleadings under these Rules is effected through a registered courier, the affidavit
of service shall be accompanied by the certificate of mailing.
(11) The Court may effect service on behalf of any party upon request in writing made by the party in
Form 4 as set out in the First Schedule and upon payment of the prescribed fee.
Check the current authoritative text and amendment history before relying on this provision.