On 22/05/2013,
you requested for the version in force on 22/05/2013
incorporating all amendments published on or before 22/05/2013.
The closest version currently available is that of 01/05/2013.
DUTIES OF SHERIFF
14. Whenever any writ of execution or distress is delivered to the Sheriff, he must endorse thereon the day, hour and minute of such delivery.
15. Any writ of execution or distress may be executed between the hours of 9 a.m. and 5 p.m., unless the Sheriff otherwise orders.
16.
—(1) Where any movable property is seized by the Sheriff under a writ of execution or distress, he must give to the execution debtor a notice of seizure in Form 90, and a copy of the notice must be filed.
(2) Where the Sheriff removes from a place any movable property that is seized, he must give to the execution debtor at the time the property is removed or immediately afterwards an inventory of the property so removed.
(3) The notice of seizure under paragraph (1) and notice of removal and inventory under paragraph (2) may be —
(a)
handed to the execution debtor personally;
(b)
sent to him by post to his place of residence; or
(c)
left at or sent by post addressed to him at the place from which the property was seized.
17.
—(1) The proper officer receiving any money under any writ of execution or distress must give for every sum so received a receipt.
(2) The proper officer must keep record of all sums of money received by him under a writ of execution or distress and of the manner in which he has applied them, and shall endorse on or annex to the writ a statement thereof.
(3) Subject to these Rules and any written law, the proper officer must prepare a statement of accounts in respect of the moneys received by him under a writ of execution or distress as follows:
(a)
first the Court fees and commission;
(b)
next the expenses of execution;
(c)
next moneys due to the execution creditor under Rule 13 which have not been returned to him;
(d)
next moneys claimed by the landlord, not exceeding 6 months rent, due under a writ of distress in accordance with the provisions of section 20 of the Distress Act (Chapter 84);
(e)
next moneys available for payment to the execution creditor to satisfy the judgment or order in respect of which the execution was issued;
(f)
next where there is more than one writ of execution in his hands against the same defendant, moneys available to satisfy the various execution creditors in the order of the priority of their writs according to the dates of issue:
Provided that where an order for attachment of movable property before judgment has been made under the provisions of Part III of the Debtors Act (Chapter 73) and a writ of execution has been issued to enforce a judgment in the same action, such writ shall have priority according to the date on which the order of attachment before judgment was issued; and
(g)
next after accounting for the moneys available for payment to the execution creditors, show any balance due to the execution debtor.
(4) If the proceeds of the sale received by the proper officer are insufficient to cover the fees, commission and expenses of execution, the execution creditor must pay to the proper officer the amount of the deficiency and shall be entitled to add such amount to the judgment debt to be eventually recovered from the judgment debtor.
18.
—(1) On a written application by the execution creditor, or the execution debtor, or any claimant to movable property seized by him, the Sheriff must within 2 days furnish to such applicant a memorandum stating —
(a)
the date on which the writ was delivered to him;
(b)
the amount leviable under the writ;
(c)
the particulars of property seized;
(d)
the place of seizure;
(e)
particulars of any claim to such property of which he has received notice;
(f)
the gross proceeds of sale;
(g)
the amount of the fees, commission and expenses; and
(h)
the moneys paid by him into the Registry and to whose credit.
(2) The Sheriff shall at all times permit the execution creditor, or judgment debtor, or any claimant to property seized by him to inspect and copy free of charge any inventory of property seized, sales account, or note of the fees, commission and expenses together with all vouchers in support thereof.
19. The Sheriff executing an order to arrest shall endorse thereon the day, hour and minute of the arrest.
20. Any person aggrieved by any alleged non-observance by the Sheriff of any duty imposed on him by any written law or by these Rules, may apply to the Court for an order that the Sheriff show cause why he should not do the thing required, and the Sheriff may be required to show cause accordingly.
21. Subject to these Rules and to section 106 of the Bankruptcy Act (Chapter 20), section 33 of the Employment Act (Chapter 91), and to any other written law, any sum of money paid by the Sheriff to the credit of the execution creditor, or by the judgment debtor, under Rule 17 shall, subject to any order of Court, be paid to the execution creditor or judgment debtor respectively on his application without an order:
Provided that the Sheriff may, in his discretion, require the execution creditor or judgment debtor, as the case may be, to apply to Court for an order for payment out.