Small Claims Courts Act, 1984 (Act No. 61 of 1984)RulesRules Regulating Matters in respect of Small Claims Courts4. Sheriff |
[Heading substituted by rule 5(a) of Notice No. R. 851 of 1991]
| (1) | Subject to the provisions of section 29(2) of the Act, all process of the court shall be served or executed through the sheriff. The sheriff shall be, under an obligation to render a service only if the party who desires the service has remunerated him beforehand for the said service. |
| (2) | Service or execution of process of the court shall, after payment of the remuneration, be effected without any avoidable, delay, and the sheriff shall, in any case where resistance to the due service or execution of the process of the court has been met with or is reasonably expected, have power to call upon any member of the Force as defined in section 1 of the Police Act, 1958 (Act No. 7 of 1958), to render him aid. |
| (3) | The sheriff to whom process is entrusted for service or execution shall— |
| (a) | in writing notify the clerk of the court and the party who sued out the process that service or execution has been duly effected, stating the date and manner of service of the result of execution, and return the said process to the clerk of the court; or |
| (b) | in writing notify the party who sued out the process that he has been unable to effect service or execution, and of the reason for such inability, and return the said process to such party, and shall keep a record of any process so returned. |
| (4) | Although a sheriff shall be under an obligation to render a service only if he has been remunerated for the said service beforehand, he shall nevertheless, after service or attempted service of any process, specify the total amount of his charges on the original and all copies thereof and the amount of each of his charges separately on the return of service. |
[Rule 4 substituted by rule 5(b) of Notice No. R. 851 of 1991]