ARRANGEMENT OF SECTIONS
1. Short title
APPOINTMENT OF SHERIFF AND OTHER OFFICERS
3. Appointment of Sheriff, Under-Sheriff and Assistant Sheriffs
4. Sheriff, etc., to be officers of court and they and persons acting under their directions or authority deemed employed in public service
5. Delegation of duties
ENFORCEMENT OF JUDGMENTS AND ORDERS AGAINST MOVABLE PROPERTY AND COMMITTALS, ETC.
6. Execution of judgments or orders for sum of money
7. Execution of orders for payment by instalments
8. Execution to be superseded on payment
9. Power to suspend execution
10. Execution of warrants of possession
11. Property which may be seized
12. Custody of property seized
13. Disposal of bills of exchange, etc., seized
14. Penalty for obstructing execution
15. Period to elapse before sale
16. Sales under execution to be published unless otherwise ordered
17. Delivery of movable property in possession of judgment debtor
18. Priority of warrants
19. Sales, the title obtained thereat and prohibition of certain purchases
20. Claims to property seized and interpleader by Sheriff
21. Claims for rent where property seized in execution
22. Surplus after sale, residue of property, etc.
23. Property subject to lien
24. Issue and execution of orders of committal
ENFORCEMENT OF JUDGMENTS AGAINST PRIVATE LAND NOT REGISTERED IN THE LANDS REGISTER
25. Application of Part
26. Judgment creditor to file affidavit
27. Memorandum of approval by Registrar
28. Registration in Deeds Registry Office
29. Effect of registration
30. Execution of judgments of subordinate courts against land
31. Satisfaction of judgment
32. Order for sale
33. Notice of application
34. Powers of High Court in regard to sale
35. Application for stay
36. Land to be sold by public auction
37. Movable property to be first proceeded against
38. Protection of officers
39. Appeal from Deeds Registrar or Registrar
ENFORCEMENT OF JUDGMENTS AGAINST LAND REGISTERED IN THE LANDS REGISTER
40. Application of Part
41. Inhibition order against registered land, etc.
42. Order for sale of registered land, etc.
43. Application of sections 33, 34, 35 and 36 to sales, etc., under this Part
44. Indemnity of Sheriff, etc.
45. Appearances by Sheriff and costs against Sheriff
46. Sheriff’s powers of entry, search, etc.
48. Saving of existing forms, fees, etc.
49. Partly completed executions
38 of 1967
22 of 1988
An Act to make provision for the appointment of Sheriffs and other officers, to set out their respective powers and duties and the manner of the exercise thereof, and for matters incidental thereto
[1ST FEBRUARY 1968]
This Act may be cited as the Sheriffs Act.
In this Act, unless the context otherwise requires—
“court” means the High Court and a subordinate court;
“judgment debtor” means a person liable under a judgment;
“process” means a formal written authority issued by a court for the enforcement of a judgment and includes a warrant of possession and any warrant or order of arrest, commitment or imprisonment;
“subordinate court” bears the meaning ascribed to that term by section 2 of the Courts Act;
“warrant” includes writ.
APPOINTMENT OF SHERIFF AND OTHER OFFICERS
(1) The President may appoint a person to be Sheriff of Malawi.
(2) The President may appoint one or more persons to be Deputy Sheriffs or to be Under-Sheriffs and as many persons as he deems necessary to be Assistant Sheriffs.
(3) In the exercise of his powers and in the performance of his duties under this Act, a Deputy Sheriff, an Under-Sheriff and an Assistant Sheriff shall be subject to any general or special directions of the Sheriff. A Deputy Sheriff, an Under-Sheriff and an Assistant Sheriff shall have the same powers and protection as the Sheriff.
(4) Unless and until other appointments are made to such offices under this section—
(a) the Registrar of the High Court shall be the Sheriff; and
(b) each District Commissioner shall be an Assistant Sheriff.
(1) The Sheriff, a Deputy Sheriff, an Under-Sheriff and an Assistant Sheriff shall, in the performance of his duties in connection with any process, be an officer of the court by which such process was issued.
(2) The Sheriff, a Deputy Sheriff, an Under-Sheriff, an Assistant Sheriff and any person acting under the directions or authority of any of them shall for the purposes of the Penal Code be deemed to be persons employed in the public service.
Every duty of the Sheriff in connexion with any process may be performed by such police officer or other person as may be authorized in that behalf by the Sheriff and every such officer or person who is in possession of such process shall be presumed to be so authorized, and shall, for all purposes connected therewith, be an officer of the court by which such process was issued:
Provided however that without the prior approval of the Commissioner of Police the Sheriff shall not authorize a police officer to perform any duty under a civil process involving the seizure and sale of any moveable property.
ENFORCEMENT OF JUDGMENTS AND ORDERS AGAINST MOVEABLE PROPERTY AND COMMITTALS, ETC.
(1) Any sum of money payable under a judgment of a court may be recovered, in case of default or failure of payment thereof forthwith or at the time or times and in the manner thereby directed, by seizure and sale of the moveable and immoveable property of the judgment debtor in accordance with this Act.
(2) The court on the application in the prescribed manner of the judgment creditor shall cause to be issued a warrant of seizure and sale whereby the Sheriff shall be empowered to seize and sell the moveable property of the judgment debtor, wherever it may be found in Malawi, to enforce payment of the amount due under the judgment and of the costs of the execution.
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