{UAH} CAN I DELIVER COURT DOCUMENTS TO SOMEONE ON THE WEEKEND IF I CANNOT FIND THEM DURING THE WEEK?

CAN I DELIVER COURT DOCUMENTS TO SOMEONE ON THE WEEKEND IF I CANNOT FIND THEM DURING THE WEEK?

Kitimbo is a very difficult man to find; if he is not in Dubai, he is in Nairobi or his village. If he is not in the village supervising the workers on his farm, 'mbu' he is in Addis Ababa selling his coffee. (Even his children call him 'uncle'), but sometimes over the weekend, he goes back home to Muyenga.

Lule had a business deal with Kitimbo but he felt that Kitimbo had cheated him because his share of the coffee from Addis Ababa had not been brought and it had been 3 months. So, he took the matter to court. He was told that he needed to give a letter to Kitimbo asking him to appear in court.

Lule has been going to Kitimbo's home every day for the last week and keeps bouncing, but like we said Kitimbo has become an even more difficult man to find. Lule even suspects that Kitimbo may be hiding in the toilet when he knocks at the gate. The neighbours keep telling him to come back on the weekends. He is now wondering why the court won't just hear his case instead of waiting for the elusive Kitimbo.

WHY DOES THE COURT REQUIRE LULE TO TELL KITIMBO ABOUT THE CASE?

You have heard the saying "There are two sides to every story?" The law works on principles of justice and fairness. This is why when someone takes a matter to court, they are expected by court to inform the other person so that they can give their side of the story (This is called a defence).

Delivering this letter and documents to the sued person like Kitimbo is called Service of Summons. It includes the documents showing the details of the case reported and possible evidence and witnesses. It also has the letter informing the other person to write to the court showing his defence. (his side of the story)

WHEN SHOULD LULE DELIVER THE SUMMONS TO KITIMBO?

The law tells Lule to do this between Monday and Friday before 6.00 p.m. as well as on Saturdays before 1.00 p.m.

If the service is done after 6.00 p.m. on a weekday, then the law will take it that the summons was served the next day. It would be legal for Lule to give the summons to Kitimbo even on Saturday. If Lule serves Kitimbo after 1.00 p.m. on a Saturday, then the law will take it that Lule served the summons on a Monday.

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Allaah gives the best to those who leave the choice to Him."And if Allah touches you with harm, none can remove it but He, and if He touches you with good, then He is Able to do all things." (6:17)

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