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What is edictal citation?

An edictal citation is ordered when a defendant is or is believed to be outside the Republic and their exact whereabouts are unknown. No document instituting proceedings can be served outside the Republic of South Africa unless permission is granted by a court.

To serve a summons in another country, we must convince a court by way of an edictal citation application that we have exhausted all other means of serving the summons on the defendant.

In the application you set forth the nature of your claim, grounds on which your claim is based and grounds upon which the court has the necessary jurisdiction to hear the application. The manner of service you request also forms part of your application.

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Simon Dippenaar | SD Law Cape Town

http://www.sdlaw.co.za

Cape Town attorney Simon Dippenaar has a BBusSc LLB degree and Professional Diploma in Legal Practice from the University of Cape Town, and is an admitted attorney of the High Court of South Africa. He is the founder and director of private legal practice, Simon Dippenaar & Associates, with offices in Cape Town and Gauteng representing South African and international clients.

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The information on this website is provided to assist the reader with a general understanding of the law. While we believe the information to be factually accurate, and have taken care in our preparation of these pages, these articles cannot and do not take individual circumstances into account and are not a substitute for personal legal advice. If you have a legal matter that concerns you, please consult a qualified attorney. Simon Dippenaar & Associates takes no responsibility for any action you may take as a result of reading the information contained herein (or the consequences thereof), in the absence of professional legal advice.