SHERIFFS

CHAPTER 3:05
SHERIFFS

ARRANGEMENT OF SECTIONS

    SECTION

PART I
PRELIMINARY

    1.    Short title

    2.    Interpretation

PART II
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

PART III
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    Execution to be superseded on payment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

PART IV
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

PART V
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

PART VI
MISCELLANEOUS

    44.    Indemnity of Sheriff, etc.

    45.    Appearances by Sheriff and costs against Sheriff

    46.    Sheriff’s powers of entry, search, etc.

    47.    Rules

    48.    Saving of existing forms, fees, etc.

    49.    Partly completed executions

    50.    Saving

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

PART I
PRELIMINARY

1.    Short title

    This Act may be cited as the Sheriffs Act.

2.    Interpretation

    In this Act, unless the context otherwise requires—

22 of 1988

    “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;

    “Sheriff” includes the Sheriff of Malawi appointed under section 3 (1), any Deputy Sheriff, any Under-Sheriff and any Assistant Sheriff appointed under section 3 (2);

22 of 1988

    “subordinate court” bears the meaning ascribed to that term by section 2 of the Courts Act;

    “warrant” includes writ.

PART II
APPOINTMENT OF SHERIFF AND OTHER OFFICERS

3.    Appointment of Sheriff, Deputy Sheriff, Under-Sheriff and Assistant Sheriffs

    (1) The President may appoint a person to be Sheriff of Malawi.

22 of 1988

    (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.

4.    Sheriff, etc., to be officers of court and they and persons acting under their directions or authority deemed employed in public service

    (1) The Sheriff, a Deputy…