the civil procedure act - Kenya Law Reports

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116[Subsidiary][Order 21, rule 13.]Decree for possessionand mesneCAP. 21 Civil Procedure [Rev. 2010the judgment-debtor and with the consent of the decree- holder or without theof the amount decreed be postponed or be made by instalments on such terms asto the payment of interest, the attachment of the property of the judgment-debtor13. (1) Where a suit is for the recovery of possession of immovableproperty and for rent or mesne(a) for the possession of the property;(bduring a period prior to the institution of the suit or directing aninquiry as to such rent or mesne(c) directing an inquiry as to rent or mesneof such suit until—(i) the delivery of possession to the decree-holder;(ii) the relinquishment of possession by the judgment- debtor withnotice to the decree-holder through the court; or(iii) the expiration of three years from the date of the decree,(2) Where an inquiry is directed under subrule (1) (b) or (1) (cwith the result of such inquiry.[Order 21, rule 14.]Decree inadministration suit.14. (1) Where a suit is for an account in respect of any property or for itsdue administration under the decree of the court, the court shall, before passing(2) In the administration by the court of the property of any deceaseddebts and liabilities, the same rules shall be observed as to the respective rightsof secured and unsecured creditors, and as to debts and liabilities provable, andas to the valuation of annuities and future and contingent liabilities, respectively,as may be in force for the time being with respect to the estates of personsadjudged or declared insolvent; and all persons, who in any such case wouldbe entitled to be paid out of such property, may come in under the preliminarydecree, and make such claims against the same as they may respectively beentitled to by virtue of this Act.[Order 21, rule 15.]Decree in suitfor dissolution ofpartnership.15. Where a suit is for the dissolution of a partnership, or the takingthe day on which the partnership shall stand dissolved, or be deemed to havebeen dissolved, and directing such accounts to be taken, and other acts to be
Rev. 2010] Civil Procedure CAP. 21 117[Subsidiary]16. In a suit for an account of pecuniary transactions between a principaland an agent, and in any other suit not hereinbefore provided for, where it isnecessary, in order to ascertain the amount of money due to or from any party,[Order 21, rule 16.]Decree in suit foraccount betweenprincipal and agent.17. The court may, either by the decree directing an account to be takenor by any subsequent order, give special directions with regard to the mode inwhich the account is to be taken or vouched, and in particular may direct thatin taking the account the books of account in which the accounts in questionhave been kept shall be taken as prima facie evidence of the truth of the mattertherein contained with liberty to the parties interested to take such objectionthereto as they may be advised.18. Where a court passes a decree for the partition of property or for theseparate possession of a share therein, the court may, if the partition or separationcannot be conveniently made without further inquiry, pass a preliminary decreedeclaring the rights of the parties interested in the property and giving suchfurther directions as may be required.19. (1) Where the defendant has been allowed a set-off against the claimof the plaintiff, the decree shall state what amount is due to the plaintiff andwhat amount is due to the defendant, and shall be for the recovery of any sumwhich appears to be due to either party.[Order 21, rule 17.]Special directions asto accounts.[Order 21, rule 18.]Decree in suitfor partition ofproperty or separatepossession of a share.[Order 21, rule 19.]Decree where set-offis allowed.(2) Any decree passed in a suit in which a set-off is claimed shall besubject to the same provisions in respect of appeal to which it would have beensubject if no set-off had been claimed.(3) The provisions of this rule shall apply whether or not the set- off isadmissible under rule 3 of Order 7.20.The registrar, or in the case of a subordinate court, the presidingmagistrate shall upon written request made by the parties or any of them, anddecree:Provided that nothing in this rule shall preclude the registrar or thecause being shown for such request.[Order 21, rule 20.]judgment and decreeto be furnished.ORDER 22EXECUTION OF DECREES AND ORDERS1. (1) All money payable under a decree or order shall be paid asfollows—[Order 22, rule 1.]Modes of payingmoney under decree.
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