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HOW DO I BEGIN A SUMMONS UNDER THE SUBORDINATE COURTS ?

Every summons must be file in Form 1 (Summons - General Title).

Other than the original and the sealed copy of the summons, the copy thereof must be appended with 2 copies of notice of appearance in Form 2 (Notice of Appearance - Monetary Claims) or 3 (Notice Of Appearance - Immovable Property) wherever appropriate.

Form 2 is for monetary claim and Form 3 is for Immovable property claim.

A statement of claim must then be endorsed on the summons. The statement of claim sets out the material facts giving rise to the action or remedy sought for and the claims including costs.

Where by reason the length, it is impracticable to endorse the whole of the statement of claim on the summons, you may continue in separate sheets of paper attached to the summons.

Where the you are acting by order or on behalf of a person resident outside the territories, the summons must be endorsed with a statement of that fact and with the address of the person so resident.

Before a summons is issued it must be endorsed :

• if you are represented by a solicitor, with your address and the solicitor's name or firm and a business address of his or her within the jurisdiction.
• if you sue in person, your occupation and the address of your place of residence and if the place of residence is not within the jurisdiction or if you have no place of residence, the address of a place within the jurisdiction at or to which documents for you may be delivered or sent.

Your address for service in the summons shall be

• where you are represented by a solicitor, the business address of the solicitor endorsed on the summons.
• where you sue in person, the address within the jurisdiction endorsed on the summons.

Having duly completed and endorsed on the Form 1 (Summons), you or your solicitor must, on presenting a summons for sealing, leave with the Registrar of the Court the original and a copy together with as many copies thereof as there are defendants to be served.

The Registrar will then assign a serial number to the summons and sign, seal and date the summons where upon the summons shall be deemed to be issued.

A summons is only valid for 12 months beginning the date of its issue after which the Court may by order extend the validity of the summons from time to time for such period, not exceeding 12 months, if application for extension is made to the Court before the day it would expire.