MMC CBU LS400 ASSIGNMENT 4
1
Misheck Mpiwa Chiwayo
Student Number: 22900461
LS400/ Civil and Criminal Procedure Rules
Term A 2025
Lecturer: Chisanga Mutale
18 March 2025
MMC CBU LS400 ASSIGNMENT 4
2
ASSIGNMENT 4
Question
Using pseudo names and details, prepare an affidavit of service..
ANSWER
Introduction
An affidavit of service, as governed by court rules, is a sworn statement confirming
that legal documents have been served on the appropriate party, and it must include
details like the date, time, and manner of service.
Legislative provisions
In terms of ORDER VII, SERVICE OF PROCESS, 1. (1) Personal service of a
petition, notice, summons, order or other document of which service is required may be
made by any person. (2) Any person serving any document shall, on the request of the
party served, explain to such party the contents of such document. 2. Except where
service is effected by a court messenger, proof of service shall be oral or by affidavit, and
the court, if not satisfied that service has been properly effected, may direct that it be
effected by a court messenger before proceeding further with the hearing of the cause or
matter: 3. Unless, in any case, the court thinks it just and expedient otherwise to direct,
service shall be personal; that is, the document to be served shall be delivered to the
person to be served himself.
Below is a sample of an Affidavit of service.
IN THE SUBORDINATE COURT OF THE
2025/ CRMP/OO15
MMC CBU LS400 ASSIGNMENT 4
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FIRSTCLASS FOR THE DISTRICT
HOLDEN AT LUSAKA
(Civil Jurisdiction)
BETWEEN:
JANE ZULU
PLAINTIFF
AND
KAKWELE PHIRI
DEFENDANT
___________________________________________________________
AFFIDAVIT IN SUPPORT OF EX-PARTE SUMMONS FOR LEAVE TO SERVE WRIT BY
PERSONAL SERVICE
I, MISHECK WHITE of the 100 Chelston and Province of Lusaka in the Republic of Zambia
do hereby make OATH and say as follows:-
1. I am over the age of 18 years and not a party to the proceedings in the matter
of Jane Zulu v. Kakwele Phiri, Case No. 0015, in the Magistrate Court of Zambia.
2. On the 1st day of March 2025, I, as a process server, served the Summons and
Complaint in the above-entitled action upon the defendant, Kakwele Phiri, by
delivering a true copy thereof to him personally at his residence located at 4 Elm
Street, Avondale, Lusaka, Zambia.
3. I positively identified the defendant, Kakwele Phiri, and informed him of the
contents of the documents being served upon him.
4. Attached hereto and made a part hereof as Exhibit A is a true and correct copy of
the Summons and Complaint served upon the defendant.
5. I declare under penalty of perjury under the laws of Zambia that the foregoing is
true and correct.
MMC CBU LS400 ASSIGNMENT 4
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SWORN by the said MISHECK
)
WHITE at Lusaka this 1st
)
day of March 2025
)
BEFORE ME:…………………………………….
COMMISSIONER FOR OATHS
IN THE SUBORDINATE COURT OF THE
FIRSTCLASS FOR THE DISTRICT
HOLDEN AT LUSAKA
(Civil Jurisdiction)
2025/ CRMP/OO15
BETWEEN:
JANE ZULU
PLAINTIFF
AND
KAKWELE PHIRI
DEFENDANT
___________________________________________________________
CERTIFICATE OF EXHIBIT
This is the exhibit referred to in the Affidavit of MISHECK WHITE marked “MW”.
Dated the
1st
day of
March
BEFORE ME:--------------------------------COMMISSIONER FOR OATHS
Conclusion
2025
MMC CBU LS400 ASSIGNMENT 4
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An affidavit of service is a crucial piece of evidence that proves a party has been
properly notified of legal proceedings. It is a written statement, sworn under oath, that a
person (the server) has served legal documents on another party. This ensures that the
defendant is properly notified and has an opportunity to respond to the legal proceedings.
References
CBU LS400 Lecture 4, Mutale, C.
Subordinate Court Act, Chapter 28 of the Laws of Zambia ORDER VII SERVICE
PROCESS
High Court Act, Chapter 27 of the Laws of Zambia
Subordinate Courts Service Charter
Civil Procedure Code (for service of process provisions
Website: www.judiciaryzambia.com
The White book service, Civil Procedure 1999: The Civil Procedure Rules
Matibini P, Zambian Civil Procedure: Commentary and Cases, Lexis Nexis 2017