Service of process

Sierra Leone — African Law Reports · 1950-56

Principle established: A writ of possession requires proof of service and disobedience, and execution executed without lawful authority constitutes a tort where damages are assessed as against a private wrongdoer.

Sierra Leone — African Law Reports · 1964-66

Principle established: Omitting the word 'Limited' in naming a corporate party on a writ is a mere misnomer curable by amendment, provided a reasonable recipient would know it was intended for itself.

Sierra Leone — Supreme Court · 1963

Principle established: A motion for specific performance intended to be enforced by attachment must be personally served on the parties, and service on a solicitor who is not solicitor of record is improper.

Sierra Leone — Supreme Court · 1963

Principle established: A motion seeking compliance intended to be enforced through attachment must be personally served on the respondents, not upon an unrecorded solicitor.

Sierra Leone — Supreme Court · 1962

Principle established: Rule 19 of the Election Petition Rules requiring an affidavit of service immediately after notice of presentation is mandatory, meaning filing must be done with reasonable promptness.

Sierra Leone — Court of Appeal · 1962

Principle established: The requirement under rule 19 to file an affidavit of service immediately after service of an election petition is mandatory, and non-compliance requires striking out the petition.

Sierra Leone — Supreme Court · 1962

Principle established: The requirement to file an affidavit of service immediately after service in an election petition is mandatory, meaning with reasonable promptness, failure of which invalidates the proceedings.

Sierra Leone — Court of Appeal · 1962

Principle established: Rule 19 of the Election Petition Rules is mandatory, requiring an affidavit of service to be filed immediately after service; non-compliance warrants striking out rather than dismissing the petition.

Sierra Leone — Supreme Court · 1962

Principle established: The statutory rules prescribing the service of election petitions and the timely filing of an affidavit of service are mandatory and cannot be waived.

Sierra Leone — Court of Appeal · 1952

Principle established: A sub-tenant in occupation must be served with judgment obtained against the tenant before a writ of possession can issue, and special damages for trespass must be strictly proved rather than estimated.

Zimbabwe · 2026

Principle established: A default judgment may be rescinded if the applicant was not properly served with summons and has a direct and substantial interest in the matter.

Sierra Leone — Supreme Court · 2020

Principle established: Failure to properly serve notice of presentation of an election petition is not a mere formal objection, and service on an employee at a respondent's business is not valid personal service.

Uganda · 2026

Principle established: A suit should not be dismissed for want of prosecution if there are unresolved issues regarding the legality of service of summons on the parties.

Sierra Leone — Court of Appeal · 2022

Principle established: A judgment obtained without proper service of process on a defendant residing outside the jurisdiction violates the principles of natural justice and the right to a fair hearing.

Sierra Leone — African Law Reports · 1972-73

Principle established: A writ issued in the name of a non-existent plaintiff is an incurable nullity, and leave to amend will be refused if it introduces a substantially different cause of action.

Sierra Leone — Supreme Court · 1962

Principle established: Filing an affidavit of service requires formal filing in accordance with court rules, including indorsement of on whose behalf it is filed, failing which the purported filing is a nullity.

Sierra Leone — Supreme Court · 1962

Principle established: An affidavit of service is not validly filed if it lacks the required indorsement stating on whose behalf it is filed, rendering the filing a nullity and justifying striking out the petition.

Sierra Leone — Court of Appeal · 1965

Principle established: Issuing a criminal summons form in civil proceedings before a magistrate's court is not a fatal irregularity if the defendant was not misled.

Sierra Leone — Court of Appeal · 1962

Principle established: An application for leave to serve a writ of summons out of the jurisdiction constitutes the taking of proceedings for the purposes of statutory limitation periods governing actions against estates.

Sierra Leone — Court of Appeal · 1962

Principle established: Applying to court for leave to serve a writ of summons out of the jurisdiction constitutes the taking of proceedings within statutory limitation provisions governing surviving tort claims against a deceased's estate.