the civil procedure act - Kenya Law Reports

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120CAP. 21 Civil Procedure [Rev. 2010[Subsidiary](iv) by the appointment of a receiver;(v) otherwise, as the nature of the 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 the attachment of any movableproperty belonging to a judgment-debtor, but not in his possession, the decreeholdershall annex to the application an inventory of the property to be attached,containing a reasonably accurate description of the same.9. Where an application is made for the attachment of any immovableproperty belonging to a judgment-debtor, it shall contain at the foot—(aor numbers; and(bproperty to the best of the belief of the applicant, and so far as hehas been able to ascertain the 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 the attachment of any land whichis registered in the Land Registries, the court may require the applicant toregistered as proprietors of, or as possessing, any transferable interest in theland or its revenue, or as liable to pay revenue for the land, and the shares ofthe 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 the decree imposes anycondition to the contrary, apply for the execution of the whole decree for theand the legal representatives of the deceased.to be executed on an application made under this rule it shall make such orderas it deems necessary for protecting the interests of the persons who have notjoined in the 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, the interest of any decree-holder in the decree is transferredby assignment in writing or by operation of law, the transferee may applyfor execution of the decree to the court which passed it; and the decree maybe executed in the same manner and subject to the same conditions as if theapplication were made by such decree-holder:
Rev. 2010] Civil Procedure CAP. 21 121Provided that—(a) where the decree, or such interest as aforesaid, has been transferredby assignment, notice of such application shall be given to thetransferor and the judgment-debtor, and the decree shall not beexecuted until the court has heard their objections, if any, to itsexecution; or(b) where a decree for the payment of money against two or morepersons has been transferred to one of them, it shall not be executedagainst the others.[Subsidiary]13. (1) On receiving an application for the execution of a decree asprovided by rule 7 (2), the court shall ascertain whether such of the requirementsof rules 7 to 9 as may be applicable to the case have been complied with; and, ifthey have not been complied with, the court may reject the application, or may[Order 22, rule13.]Procedure onreceiving anapplication forexecution of decree.(2) Where an application is amended under subrule (1), it shall be deemedto have been an application in accordance with law and presented on the date(3) Every amendment made under this rule shall be signed and datedby a judge or registrar.(4) When the application is admitted, the court shall, subject to theprovisions hereinafter contained, order execution of the decree according tothe nature of the application:Provided that in the case of a decree for the payment of money the valueof the property attached shall, as nearly as may be, correspond with the amountdue under the decree.14. (1) Where applications are made to a court for the execution of crossdecreesin separate suits for the payment of two sums of money passed betweenthe same parties and capable of execution at the same time by such court, then—[Order 22, rule 14.]Execution in case ofcross-decrees.(a) if the two sums are equal, satisfaction shall be entered upon bothdecrees; and(b) if the two sums are unequal, execution may be taken out only bythe holder of the decree for the larger sum and for so much only asremains after deducting the smaller sum, and satisfaction for thesmaller sum shall be entered on the decree for the larger sum aswell as satisfaction on the decree for the smaller sum.(2) This rule shall be deemed to apply where either party is an assignee ofone of the decrees and as well in respect of judgment-debts due by the originalassignor as in respect of judgment-debts due by the assignee himself.
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