Registrars of Magistrates Courts are appointed as Deputy Sheriffs and have delegated authority to manage Sheriff’s officers located in their registry on a day to day basis.
Sheriff’s officers in Magistrates Courts are required to serve such documents as an originating summons, investigation summons and examination summons. The Sheriff’s officer must serve the summons on the judgment debtor in accordance with the rule of court and file a proof of service with the court.
Sheriff’s officers also execute warrants issued from the courts. Once judgment has been obtained, the judgment creditor can make application to the court for the issue of a warrant of sale.
he warrant of sale authorises Sheriff’s officers to seize and sell personal and real property of the judgment debtor. All real or personal property seized by Sheriff’s officers pursuant to a warrant of sale is offered for sale by public auction. In all instances the Sheriff must ensure property sold under authority of a court is sold for a fair market value. Upon the sale of real or personal property the judgment debt and costs of sale are deducted from the proceeds and the balance of monies (if any) is refunded to the judgment debtor.
Warrants of sale are executed against personal property prior to proceeding against real property. If good reason exists, the judgment creditor may make application to the court to proceed directly against the debtor’s real property.
If the warrant of sale is returned nil effects against personal property then action can be taken by the Sheriff against any real property owned by the judgment debtor.
Sheriff’s officers are required to execute warrants of arrest and warrants of commitment issued by the court. The Sheriff’s officer is required to arrest the judgment debtor named in the warrant and bring them before the relevant authority.