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Application for the substituted services can made by making a notice that is supported by an affidavit in Form 11 (Affidavit on Application for Substituted Service) stating the facts on why the substituted service is required to serve the summons. Usually you need to make at least 3 attempts to try to serve the defendant the summons before you put in an application for the substituted services. At the third attempt send also a letter of appointment to the defendant to give them 2 days notice to reply and make sure that you have exhausted all your efforts in trying to contact the defendant before you make such an application.

During the hearing of the application for the order of the substituted services, the court may issue a Substituted Service Order in Form 10 (Order for Substituted Service). After the order has been made you will then be instructed on how to take the serve the summons to the defendant using publications in the local newspapers or posting the summons at the defendant’s last known address.

What happens when the defendant has received the summons?

After the defendant has received the summons and admits to the claim but wishes to have some time for the payment, they may do so within 7 days of the service of the summons that is also inclusive of the day when the summons have been served. Here you can put in applications with Form 2 (Notice if Appearance – Monetary Claims) or Form 3 (Notice of Appearance – Immovable Property).

If you accept the amount that has been admitted and the proposal that has been made by the defendant in Form 2 (Notice of Appearance – Monetary Claims) or Form 3 (Notice of Appearance – Immovable Property), whichever one is applicable, you must then within 2 working days of the receipt of the notice of admission serve a notice a acceptance using Form 36 (Notice of Acceptance or Non-Acceptance) when this has been done you will then be entitled to enter judgment accordingly.

When you have accepted the amount that has been admitted but you do not accept the mode of payment that the defendant has offered, then you can put in application using Form 36 (Notice of Acceptance or Non-acceptance) at the Court Registry. After this is done then the court may request for the defendant to give evidence of the reason behind their decision and in such cases the Court Registry may send you as well as the defendant a notice using Form 37 (Notice of Hearing for proof of Means) and the defendant’s admission shall not be treated as evidence of their means unless the court orders otherwise.

As stated in Form 37 (Notice Of Hearing For Proof Of Means) both you and the defendant is required to attend a hearing which is not on the time and date stated on the summons, where the defendant is required to give evidence of his or her means failing which you may proceed to obtain judgment for the amount admitted and execution. If for any reason you or the defendant fails to serve a notice of admission using Form 2 (Notice of Appearance – Monetary Claims) or From 3 (Notice of Appearance – Immovable Property) or using a notice of acceptance using Form 36 (Notice of Acceptance or Non-Acceptance), within the specific time that has been provided to you then either both of you can serve a notice of admission or a notice of acceptance at any time before the return day or choose to appear on the return day and admit or accept the case. However the court may order you or the defendant to pay any costs incurred due to the delay or omission.

Despite the defendant receiving a notice of admission in Form 2 (Notice of Appearance – Monetary Claims) or Form 3 (Notice of Appearance – Immovable Property), they still are required to, due to the summons to appear in Court on the date of the hearing. This however is not required if the defendant received a notice of acceptance in Form 36 (Notice of Acceptance or Non-Acceptance) before the date of the court appearance from you. Letters that are addressed to you can be accepted as an admission of the claim if the court is satisfied that the letter was written by or with the authority of the defendant.

In the event the defendant counterclaim or disputes the liability of the claims

If the defendant disputes their liability for the whole or some parts of the claim that has been made in action, they can at any time before the actual date of the hearing serve the plaintiff a notice of appearance in Form 2 (Notice of Appearance – Monetary Claims) or Form 3 (Notice of Appearance – Immovable Property, that the notice of the appearance be appended, or you can also choose to appear on the hearing date and dispute the claims that have been made.

When the defendant has appeared in front of the court to disputes the claim that you have made, they would then to serve a defense using Form 38 (Defense) within the time that has been determined by the court. If for any reason the defendant fails to comply with what was mentioned earlier then the court would make an order where the judgment can be entered by you.

After you have served the defendant the statement of claim and summons then you can apply to the court for judgment against the defendant as the defendant has no ground to make a defense on the summons or on any particular part of the claim. This is called an application by the plaintiff for s summary judgment.

Instead if the defendant wishes to counterclaim then they can do so at anytime before the hearing date of the summons where they would then need to serve the plaintiff the counterclaim for which the notice of appearance appended to the summons can be used, or the defendant can appear on the hearing date itself where the court may order them to serve the counterclaim within the time that has been specified.

Again if the defendant has served the counterclaim to you but the defendant on the grounds that you have no defense to make a claim under the counterclaim. Then they can make an application for the summary judgment on the counterclaim. So this means that after the defendant has counterclaimed you, you would then need to defend the counterclaim of the defendant if you wish to pursue the matter. This is where you would then need to serve a defense to the counterclaim of the defendant within the specified time that has been granted to you by the court.

If for any reason you fail to comply with the instructions that have been provided to you then the court would make an order that the judgment then be entered for the defendant on the counterclaim that they have made. After this has been done you must reply to any defense before the 7 day grace period, then the court would provide further directions for you and the defendant.