Sheriffs Act, 1986 (Act No. 90 of 1986)

Chapter III : Position of Trust of Sheriffs

Liability of Fund

37. Actions against Board in respect of Fund
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(1)If the Board refuses to admit a claim against the Fund, the claimant may, subject to this section and section 38, institute an action against the Board in respect of the Fund in the court within the area of jurisdiction of which the cause of action arose.

 

(2)An action against the Board in respect of the Fund shall not be instituted without leave of the Board unless the claimant has exhausted all available legal remedies against the sheriff or deputy sheriff in respect of whom the claim arose, or his estate, and against all other persons liable in respect of the loss or damage suffered by the claimant.

 

(3)In any action against the Board in respect of the Fund, the Board may raise any defence which could have been raised by the sheriff or deputy sheriff in respect of whom the claim arose.