Thomson v Leyland Daf (Malawi) Ltd (Civil Cause 919 of 2003) [2004] MWHC 63 (17 August 2004)

Thomson v Leyland Daf (Malawi) Ltd (Civil Cause 919 of 2003) [2004] MWHC 63 (17 August 2004)

Sheriff fees and expenses are payable by the party who caused execution, even if the judgment is later found to be irregular, because the sheriff performed the required duties and incurred expenses at the request of that party.

Citation
[2004] MWHC 63
Parties
Plaintiff: Mr E. K. Thomson; Defendant: Leyland DAF (Malawi) Ltd
Court
High Court of Malawi
Jurisdiction
Malawi
Judgment Date
17 August 2004
Case Number
Civil Cause 919 of 2003
Procedural Posture
Civil Appeal / Ruling on Appeal Against Assistant Registrar's Order
Outcome
Appeal dismissed
Legal Topics
Sheriff's Fees, Irregular Judgment, Execution of Judgments, Costs
Source Language
English
Civil Procedure Enforcement of Judgments Sheriff's Fees Irregular Judgment Execution of Judgments Costs

Case Brief

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Parties

Mr E. K. Thomson

Plaintiff

Leyland DAF (Malawi) Ltd

Defendant

Procedural Posture

Civil Appeal / Ruling on Appeal Against Assistant Registrar's Order

Legal Issues

  1. 1 Whether sheriff fees and expenses are payable when execution proceeds on an irregular judgment
  2. 2 Who is liable to pay sheriff fees and expenses in such circumstances

Ratio Decidendi

Sheriff fees and expenses are payable by the party who caused execution, even if the judgment is later found to be irregular, because the sheriff performed the required duties and incurred expenses at the request of that party.

Court Disposition

Appeal dismissed

Orders

  • Order of the Assistant Registrar affirmed
  • Plaintiff to pay sheriff fees and expenses