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Malawi decisions
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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.
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Novatech Engineering v Malawi Housing Corporation (Civil Cause 389 of 2001) [2001] MWHC 110 (17 August 2001)
Under Malawian law, Sheriff's fees, including poundage, become due and payable once seizure is made in execution, regardless of whether money is recovered or goods are sold. The party who initiates execution is liable for these fees. The Registrar did not err in law in ordering the defendant to pay the Sheriff's fees, and the appeal is dismissed.
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Sheriff of Malawi v Press Produce Limited (MSCA Civil Appeal 3 of 1987) [1988] MWSC 9 (3 October 1988)
The amendment to Sheriff's fees in the 1977 Schedule was valid, as section 21(a) of the General Interpretation Act deems it to have been made under all enabling powers, including section 47 of the Sheriffs Act. There was no inconsistency or repeal of the Sheriffs Act, and the Sheriff acted in good faith, precluding a costs order against him.
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