the civil procedure act - Kenya Law Reports

122[Subsidiary]CAP. 21 Civil Procedure [Rev. 2010(3) This rule shall not be deemed to apply, unless—(a) the decree-holder in one of the suits in which the decrees havethe same character in both suits; and(b(4) The holder of a decree passed against several persons jointly andseverally may treat it as a cross-decree in relation to a decree passed againsthim singly in favour of one or more of such persons.[Order 22, rule 15.]Execution in case ofcross-claims undersame decree.15.Where application is made to a court for the execution of a decreeunder which two parties are entitled to recover sums of money from eachother, then—(a) if the two sums are equal, satisfaction for both shall be enteredupon the decree; and(b) if the two sums are unequal, execution may be taken out only bythe party entitled to the larger sum, and for so much only as remainsafter deducting the smaller sum, and satisfaction of the smaller sumshall be entered upon the decree.[Order 22, rule 16.]Cross-decrees andcross-claims inmortgage suits.[Order 22, rule 17.]Simultaneousexecution.[Order 22, rule 18.]Notice to show causeagainst execution incertain cases.16. The provisions of rules 14 and 15 shall apply when one or both ofthe decrees for sale is in enforcement of a mortgage or charge.17. The court may, in its discretion, refuse execution at the same timeagainst the person and property of the judgment-debtor.18. (1) Where an application for execution is made—(a) more than one year after the date of the decree;(b) against the legal representative of a party to the decree; or(c) for attachment of salary or allowance of any person under rule 43,the court executing the decree shall issue a notice to the person against whomthe decree should not be executed against him:Provided that no such notice shall be necessary in consequence of morethan one year having elapsed between the date of the decree and the applicationfor execution if the application is made within one year from the date of thelast order against the party against whom the execution is applied for, made onany previous application for execution, or in consequence of the applicationbeing made against the legal representative of the judgment-debtor, if upon a