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The warrant of execution had been issued by the clerk of the magistrates' court without judicial supervision, but prior to the ruling in Jaftha v Schoeman; Van Rooyen v Stoltz, [3] wherein the Constitutional Court declared unconstitutional the relevant provision in the Magistrates' Courts Act [4] [5] and ordered its amendment.
The court held that section 66(1)(a) of the Magistrates' Courts Act was unconstitutional and invalid insofar as it failed "to provide judicial oversight over sales in execution against immovable property of judgment debtors". The finding of unconstitutionality rested on the debtors' right to housing as enshrined in section 26 of the Constitution.
In the case of immovable property, the warrant of execution must be delivered to the sheriff of the district in which the immovable property is situated. The sheriff effects the attachment by serving the notice of attachment and the warrant of execution on the owner of the property; the registrar of deeds;
When a creditor has taken judgment against a debtor who has failed to comply, the creditor may enforce the judgment by applying for a writ of execution. The writ serves as a warrant which authorises the sheriff to attach the debtor's movable or immovable property, which creates a real security right in favour of the creditor.
An Ada County judge issued a death warrant Thursday afternoon for Thomas Creech, the state’s longest-serving death row inmate, setting his execution for next month.. Creech, 73, has spent ...
A warrant is generally an order that serves as a specific type of authorization, that is, a writ issued by a competent officer, usually a judge or magistrate, that permits an otherwise illegal act that would violate individual rights in order to enforce the law and aid in investigations; affording the person executing the writ protection from damages if the act is performed.
He was served with a follow-up death warrant Wednesday at 10:15 a.m. and moved from death row to a cell near the prison’s execution chamber, the Idaho Department of Correction said in a news ...
Marcus v. Search Warrant, 367 U.S. 717 (1961), full title Marcus v. Search Warrant of Property at 104 East Tenth Street, Kansas City, Missouri. An unusual in rem case heard by the Supreme Court where the named object was not the seized property but the warrant under which it was seized. Since all the government agents involved were indisputably ...