1. | For service or attempted service of any summons or other process and endorsing the necessary return.Whenever any document to b e served with any process is mentioned in such process, no fee shall be charged for the service of such document, otherwise the fee of M5,00 may be allowed in respect of each separate document served, provided that no such fee for the service of a separate document shall be allowed in respect of the service of process in criminal cases. | M6,00 |
2. | Travelling allowance. | |
| (a)For the distance travelled reckoned from the office of the Messenger both on the forward and return journey, per kilometre or fraction of a kilometre, M1,00 except in the case of service of a criminal process where it shall be M0,50 per kilometre or fraction thereof.(b)Whenever it is found necessary for the Messenger to take an officer with him on any journey, M0,50 per kilometre shall be allowed for such officer.is sent by post, any part of the distances, postage only will be allowed for the full distance.(d)When two or more summonses or other process, whether at the instance of the same plaintiff or of different plaintiffs shall have been or, in the opinion of the Messenger or Clerk of the Court, should have been served on one and the same journey, the travelling allowance for performing the different services shall be equitably apportioned among the several cases, regard being had to the distances at which the parties against whom such processes are directed respectively reside. The fee for service shall, however, be payable for each service made or attempted to be made.(e)The above travelling allowances shall not be payable in cases where service is to be executed five kilometres or less from the office of the Messenger. | |
3. | (a)Postage in civil matters: As per postal tariff.(b)Postage in criminal matters: | Free |
4. | For making an inventory, including the making of all necessary copies and time spent on stock taking: M2,50 for the first 30 minutes and thereafter M5,00 per hour or part thereof. | |
5. | For drawing advertisement of sale of goods attached: | M5,00 |
6. | (a) When a writ is paid on presentation, 1 % on the amount of !he writ, with a minimum fee of | M5,00 |
| (b) "When a writ is withdrawn by the judgment creditor, or the judgment debtor's estate is placed under sequestration before any immovable property is attached: | M5,00 |
| (c) When a writ is paid by the judgment debtor to the Messenger after moveable property has been attached but before sale, 3% on the amount so paid. | |
| (e) After sale in execution:-(i)For the first M 200.00 or less than that amount, 5 % of the amount.(ii)For every subsequent M 200.00 or less than such, 4 % of the amount.(iii)Commission shall not be allowed on the value of moveable property attached, but subsequently claimed by a person other than the judgment debtor and released in consequence of such claim, unless such property has been attached on the express direction of the judgment creditor | |
7. | Keeping possession of property seized: | |
| (a)for each officer (not exceeding two in number) necessarily left in possession, per day:Note:- Possession as above means the continuous and necessary presence on the premises and for the period in respect of which possession is charged for a person employed and paid by the Messenger for the sole purpose of retaining possession.(b)For removal and store, the reasonable and necessary expenses of such removal and storage; and if an animal has to be stabled and fed, the reasonable and expenses of such stabling and feeding.(c)For herding and preserving livestock, the reasonable and necessary expenses of herding and preserving such stock.(d)Disbursements as above will be allowed only when actually and reasonably made, and on production of receipts therefor when such receipts are obtainable.(e)When no officer is left in possession, and no security bond is taken, but the moveable property attached remains under the supervision of the Messenger, a reasonable fee not exceeding M0,50 per day.(f)A Messenger may insure moveable property attached if it is necessary and he is authorised in writing by the judgment creditor to do so, and for effecting such insurance, he shall b e allow ed a fee of M5,00 in addition to the premium paid. | M5,00 |
8. | For effecting an arrest: | M5,00 |
9. | For conveying a defendant to goal from the place of arrest, per kilometre or fraction of a kilometre; | M1,00 |
10. | For bringing a defendant to Court from the place of custody per day or fraction of a day: | M5,00 |
11. | For drawing and completing a bail bond, deed of security or indemnity bond: | M5,00 |
12. | For executing a writ of ejectment (per hour or part thereof): | M5,00 |
13. | For executing a writ of attachment of immovable property or an attachment ad fundandam jurisdictionem, including notices to the owner and the Registrar of Deeds and endorsing the necessary return: | M10,00 |
14. | Notice of attachment to a single lessee or occupier of the property: | M2,50 |
15. | For executing a writ of attachment of pension, salary, w ages, and inheritance or rights of a similar character, including notices to the judgment debtor, the Treasury Executor, Master of the Court. | M10,00 |
16. | Notice to Registrar of Deeds withdrawing an attachment on immovable property: | M3,00 |
17. | For copies of writs and orders necessarily made (per page): | M0,50 |
18. | For notice of attachment to a headman or chief (if any) having jurisdiction in respect of the property: | M2,50 |
19. | For making a valuation or report for the purposes of sale, a minimum of M10,00 or otherwise M5,00 per hour | |
20. | When a Messenger has been authorised to sell property and the property is not sold by reason of the fact that the attachment is withdrawn or stayed: | M10,00 |
21. | For ascertaining and recording the existence of. bonds or other encumbrances and of the names and addresses of the persons in whose favour such bonds and encumbrances are so registered, including any correspondence in connection therewith: | M10,00 |
22. | For notifying the execution creditor of such bonds or encumbrances and the names and addresses of the persons in whose favour such bonds or encumbrances are registered: | M2,50 |
23. | For consideration of the notice of sale prepared by the execution creditor in consultation with the Messenger: | M2,50 |
24. | For verifying that the notice of sale has been published in the Gazette and newspaper: | M2,50 |
25. | For affixing a copy of the notice of sale on the notice-board of the Subordinate Court: | M4,00 |
26. | For considering the conditions of sale: | M5,00 |
27. | On the sale of immovable property by the Messenger as auctioneer, 2 1/2% of the proceeds of the sale with a minimum of | M50,00 |
28. | For giving transfer to the purchaser: | M10,00 |
29. | For preparing a plan of distribution of the proceeds (including necessary copies) and for forwarding a copy to the Clerk of the Court. | M12,50 |
30. | For giving notice to all parties who have lodged writs and to the execution debtor that the plan will lie for inspection - for each notice: | M5,00 |
31. | For request to the Magistrate to pay out in accordance with the plan of distribution. | M2,50 |
32. | All disbursements actually made or liabilities incurred in the execution of process shall be subject to taxation by the Taxing Officer and the production of receipts when obtainable. | |
33. | The fees and charges for all work reasonably and necessarily done in the service or execution of process for which no provision is made in this tariff shall be assessed, and every question arising under or relative to such tariff shall be determined by the Taxing Officer. | |
34. | No fee may be charged for service of process in pauper cases, but the Messenger shall be entitled to receive his out of pocket expenses. | |
35. | The Messenger's fees shall be added to the amount to be recovered under this tariff, and shall be chargeable against the judgement debtor. | |