Substituted service is an alternative method of delivering court documents when direct personal service cannot be achieved. Under Zambian law, a court or judge may grant an order for substituted service only when it appears that prompt personal service cannot be effected [High Court Act, S.3]. This might apply, for example, when a defendant cannot be located or is deliberately avoiding service.
To obtain a substituted service order, you must apply to the court or a judge and support your application with an affidavit that explains why personal service is not possible [High Court Act, S.3]. The affidavit must set out the grounds for your application, such as the steps you have already taken to locate the person or evidence that they are evading service.
Once the court approves substituted service, the judge has broad discretion to decide how service should be effected. The order may authorize service by letter, public advertisement, or any other method the court considers appropriate and just [High Court Act, S.3]. For documents served out of jurisdiction, substituted service is permitted whether the defendant is outside or within Zambia's borders [High Court Act, S.17]. The key requirement is that the substitute method chosen must effectively bring the document to the attention of the person who should receive it.