the civil procedure act - Kenya Law Reports

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124CAP. 21 Civil Procedure [Rev. 2010[Subsidiary](2) Where the property or person of the judgment-debtor has beenseized under an execution, the court which issued the execution may order therestitution of such property or the discharge of such person pending the resultsof the application.(3) Before making an order to stay execution or for the restitution ofproperty or the discharge of the judgment-debtor the court may require suchsecurity from, or impose such conditions upon, the judgment-debtor as it[Order 22, rule 23.]Liability ofjudgment-debtordischarged.[Order 22, rule 24.]Order of court whichpassed decree or ofappellate court to bebinding upon courtapplied to.[Order 22, rule 25.]Stay of executionpending suit betweendecree- holder andjudgment-debtor.[Order 22, rule 26.]Decree for paymentof money.[Order 22, rule 27.]movable property.23. No order of restitution or discharge under rule 22 shall prevent theproperty or person of a judgment-debtor from being retaken in execution ofthe decree sent for execution.24. Any order of the court by which a decree is passed, or of such appellatecourt as aforesaid, in relation to the execution of such decree, shall be bindingupon the court to which the decree is sent for execution.25. Where a suit is pending in any court against the holder of a decreeof such court in the name of the person against whom the decree was passed,execution of the decree until the pending suit has been decided.26. Subject to the provisions of section 38 of the Act, every decree forthe payment of money, including a decree for the payment of money as analternative to some other relief, may be executed by the detention in prison ofthe judgment-debtor, or by the attachment and sale of his property, or by both.movable or share, and by the delivery thereof to the party to whom it has beenadjudged, or to such person as he appoints to receive delivery on his behalf,or by the detention in prison of the judgment-debtor, or by the attachment ofhis property, or by both.(2) Where any attachment under subrule (1) has remained in force for sixmonths, if the judgment-debtor has not obeyed the decree and the decree-holderhas applied to have the attached property sold, such property may be sold, andout of the proceeds the court may award to the decree-holder, in cases whereof movable property, such amount and, in other cases, such compensation asapplication.(3) Where the judgment-debtor has obeyed the decree and paid all costs of
Rev. 2010] Civil Procedure CAP. 21 125executing the same which he is bound to pay, or where, at the end of six monthsfrom the date of attachment, no application to have the property sold has beenmade, or, if made, has been refused, the attachment shall cease. performance of a contract, or for an injunction, has been passed, has hadan opportunity of obeying the decree, and has wilfully failed to obey it; thedecree may be enforced by his detention in prison, or by the attachment of hisproperty, or by both.[Subsidiary][Order 22, rule 28.]performance or for aninjunction.for an injunction has been passed is a corporation the decree may be enforcedby the attachment of the property of the corporation.(3) Where any attachment under subrule (1) or (2) has remained inforce for six months, if the judgment-debtor has not obeyed the decree and thedecree-holder has applied to have the attached property sold, such propertymay be sold; and out of the proceeds the court may award to the decree-holderjudgment-debtor on his application.(4) Where the judgment-debtor has obeyed the decree and paid all costsof executing the same which he is bound to pay, or where at the end of sixmonths from the date of the attachment, no application to have the propertysold has been made, or, if made, has been refused, the attachment shall cease.injunction has not been obeyed, the court may, in lieu of or in addition to all orany of the processes aforesaid, direct that the act required to be done may bedone so far as practicable by the decree- holder, or some other person appointedby the court, at the cost of the judgment-debtor, and upon the act being done theexpenses incurred may be ascertained in such manner as the court may directand may be recovered as if they were included in the decree.29. (1) Where a decree is for the delivery of any immovable property,possession thereof shall be delivered to the party to whom it has been adjudged,or to such person as he may appoint to receive delivery on his behalf, and, ifnecessary, by removing any person bound by the decree who refuses to vacatethe property.[Order 22, rule 29.]Decree forimmovable property.(2) Where a decree is for the joint possession of immovable property,conspicuous place on the property.(3) Where possession of any building or enclosure is to be delivered,and the person in possession being bound by the decree does not afford freefacility to any woman not appearing in public according to the customs of hercommunity to withdraw, remove or open any lock or bolt or break open anydoor or do any other act necessary for putting the decree-holder in possession.
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