Section 101 Sheriffs and Civil Process Act

Section 101 of the Sheriffs and Civil Process Act 1945 is about Proceedings where defendant does not answer to summons.. It provides as follows:

When no appearance is made by a defendant to a writ of summons served on him under this Part, if it is made to appear to the court from which the writ was issued-
[L.N. 47 of 1955.]

(a) that the subject matter of the suit, so far as it concerns such defendant, is-
(i) land or other property situate or being in the State or the Capital Territory in which the writ was issued; or
(ii) shares or stock of a corporation or company having its principal place
of business within that State or the Capital Territory; or
(iii) any deed, will, document or thing affecting any such land, share, stock
or property; or

(b) that any contract in respect of which relief is sought in the suit against such
defendant by way of enforcing, rescinding, dissolving, annulling or otherwise
affecting such contract, or by way of recovering damages or other remedy
against such defendant for a breach thereof, was made or entered into within
that State or the Capital Territory; or

(c) that the relief sought against the defendant is in respect of a breach within that State or the Capital Territory, of a contract wherever made; or

(d) that any act or thing sought to be restrained or removed or for which damages
are sought to be recovered, was done or is to be done or is situate within that
State or the Capital Territory; or

(e) that at the time when the liability sought to be enforced against the defendant
arose he was within that State or the Capital Territory; or

(f) in a matrimonial cause that the domicile of the person against whom that relief
is sought is within that State or the Capital Territory, and if it is also made to appear to such court;

(g) that the writ was personally served on the defendant, or in the case of a corporation served on its principal officer or manager or s ecretary within the State or the Capital Territory in which service is effected; or

(h) that reasonable efforts were made to effect personal service thereof on the defendant, and that it came to his knowledge or in the case of a corporation that it came to the knowledge of such officer as aforesaid (in which case it shall be
deemed to have been served on the defendant), such court may on the application of the plaintiff, order from time to time that the plaintiff shall be at liberty to proceed in the suit in such manner and subject to such conditions
as the court may deem fit and thereupon the plaintiff may proceed in the suit against such defendant accordingly.

(2) Any such order may be rescinded or set aside or amended on the application of the defendant.

[/membership]