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Q. If I want to sue or am sued, at which address must documents (i.e. correspondence and legal documents) such as a summons be served, or as the legal phrase goes, what is the parties’ domicilium?

A. The full legal phrase is ‘domicilium citandi et excutandi‘. It means the ‘place of summons and execution’. The meaning in layman’s terms is the address a party chooses/nominates where he/she is willing to receive all legal documents and notices.

It is important to specify this in your terms and conditions to avoid uncertainty or confusion, and it must be a street/physical address and not a postal address/P O Box. .

 

DISCLAIMER: Each case depends on its own facts & merits. The above does not constitute advice. Independent advice should be obtained in all instances.

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Send your questions for Advocate Louis Nel to pippa@indpendentwriting.co.za. We will respond to all your questions even if it takes time and additional research, so please be patient. However we will give preference to the most pressing and commonly asked ones.

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