the civil procedure act - Kenya Law Reports

118[Subsidiary]CAP. 21 Civil Procedure [Rev. 2010(a) into the court whose duty it is to execute the decree;(b) direct to the decree-holder; or(c) otherwise as the court which made the decree directs.(2) Where any payment is made under subrule (1) (a), notice of suchpayment shall be sent by the court to the decree-holder and his advocate, if any.[Order 22, rule 2.]Payment out of courtto decree-holder.2. (1) Where any money payable under a decree of any kind is paid directto the decree-holder or the decree is otherwise adjusted in whole or in part to thesatisfaction of the decree-holder, the decree- holder may certify such paymentor adjustment to the court whose duty it is to execute the decree, and the courtshall record the same accordingly.(3) The judgment-debtor also may inform the court of such payment oradjustment, and apply to the court to issue a notice to the decree-holder to showfails to show cause why the payment or adjustment should not be recorded as[Order 22, rule 3.]Lands situate in morethan one jurisdiction.[Order 22, rule 4.]Procedure wherecourt desires that itsown decree shall beexecuted by anothercourt.3.Where immovable property forms one estate or tenure situate withinthe local limits of the jurisdiction of two or more courts, any one of such courtsmay attach and sell the entire estate or tenure.4. The court sending a decree for execution by another court shall send—(a) a copy of the decree;(bobtained by execution within the jurisdiction of the court by whichit was passed, or, where the decree has been executed in part, theextent to which satisfaction has been obtained and what part of thedecree remains unexecuted; and(c) a copy of any order for the execution of the decree, or, if no such[Order 22, rule 5.]Court receivingcopies of decree toproof.[Order 22, rule 6.]Application forexecution.5. The court to which a decree is so sent shall cause such copies andexecution, or of the copies thereof, unless the court, for any special reasons tobe recorded under the hand of the judge, requires such proof.6. Where the holder of a decree desires to execute it, he shall apply tothe court which passed the decree, or, if the decree has been sent under theprovisions hereinbefore contained to another court, then to such court or to thewith Form No. 14 of Appendix A:Provided that, where judgment in default of appearance or defence