the civil procedure act - Kenya Law Reports
the civil procedure act - Kenya Law Reports
the civil procedure act - Kenya Law Reports
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120CAP. 21 Civil Procedure [Rev. 2010[Subsidiary](iv) by <strong>the</strong> appointment of a receiver;(v) o<strong>the</strong>rwise, as <strong>the</strong> nature of <strong>the</strong> relief granted may require.(3) The court to which an application is made under subrule (2) may[Order 22, rule 8.]Application forattachment ofmovableproperty notin judgment-debtor’spossession.[Order 22, rule 9.]Application forattachment ofimmovable propertyto contain certainparticulars.8.Where an application is made for <strong>the</strong> attachment of any movableproperty belonging to a judgment-debtor, but not in his possession, <strong>the</strong> decreeholdershall annex to <strong>the</strong> application an inventory of <strong>the</strong> property to be attached,containing a reasonably accurate description of <strong>the</strong> same.9. Where an application is made for <strong>the</strong> attachment of any immovableproperty belonging to a judgment-debtor, it shall contain at <strong>the</strong> foot—(aor numbers; and(bproperty to <strong>the</strong> best of <strong>the</strong> belief of <strong>the</strong> applicant, and so far as hehas been able to ascertain <strong>the</strong> same.[Order 22, rule 10.]Power to requireLand Registries incertain cases.[Order 22, rule 11.]Application forexecution by jointdecree-holders.10. Where an application is made for <strong>the</strong> attachment of any land whichis registered in <strong>the</strong> Land Registries, <strong>the</strong> court may require <strong>the</strong> applicant toregistered as proprietors of, or as possessing, any transferable interest in <strong>the</strong>land or its revenue, or as liable to pay revenue for <strong>the</strong> land, and <strong>the</strong> shares of<strong>the</strong> registered proprietors.11. (1) Where a decree has been passed jointly in favour of more personsthan one, any one or more of such persons may, unless <strong>the</strong> decree imposes anycondition to <strong>the</strong> contrary, apply for <strong>the</strong> execution of <strong>the</strong> whole decree for <strong>the</strong>and <strong>the</strong> legal representatives of <strong>the</strong> deceased.to be executed on an application made under this rule it shall make such orderas it deems necessary for protecting <strong>the</strong> interests of <strong>the</strong> persons who have notjoined in <strong>the</strong> application.[Order 22, rule 12.]Application forexecution bytransferee of decree.12.Where a decree or, if a decree has been passed jointly in favour of twoor more persons, <strong>the</strong> interest of any decree-holder in <strong>the</strong> decree is transferredby assignment in writing or by operation of law, <strong>the</strong> transferee may applyfor execution of <strong>the</strong> decree to <strong>the</strong> court which passed it; and <strong>the</strong> decree maybe executed in <strong>the</strong> same manner and subject to <strong>the</strong> same conditions as if <strong>the</strong>application were made by such decree-holder: