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Small Claims Courts Act, 1984 (Act No. 61 of 1984)

Rules

Rules Regulating Matters in respect of Small Claims Courts

17. Process in execution

 

(1) The process for the execution of any judgment, for the surrender of property whether movable or immovable, or for ejectment shall be by warrant issued and signed by the clerk of the court and addressed to the sheriff.

[Rule 17(1) substituted by rule 9(a) of Notice No. R. 851 of 1991]

 

(2) Such process may be sued out by any person in whose favour any such judgment shall have been given if such judgment is not then satisfied, stayed or suspended.

 

(3) Such process may at any time, on payment of the fees incurred, be withdrawn or suspended by notice to the sheriff by the party who has sued out such process. A request in writing made from time to time by such party to defer execution of such process for a definite period not being longer than one month shall not be deemed to be a suspension.

[Rule 17(3) substituted by rule 9(b) of Notice No. R. 851 of 1991]

 

(4) Any alterations in such process shall be initialled by the clerk of the court before it is issued by him.

 

(5) The clerk of the court shall at the request of the party entitled thereto reissue process referred to in subrule (1) without the court having sanctioned the reissue.

 

(6) Any such process shall be invalid if a wrong person is named therein as a party, but no such process shall be invalid merely by reason of the misspelling of any name therein, or of any error in respect of date.