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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128[Subsidiary][Order 22, rule 36.]Attachment in caseof decree for rent,o<strong>the</strong>r matter.[Order 22, rule 37.]Attachment ofmovable propertyo<strong>the</strong>r thanagricultural produce,in possession ofjudgment-debtor.[Order 22, rule 38.]Attachment ofagricultural produce.CAP. 21 Civil Procedure [Rev. 2010and for <strong>the</strong> production of any books or documents.36. Where a decree directs an inquiry as to rent or mesneo<strong>the</strong>r matter, <strong>the</strong> property of <strong>the</strong> judgment-debtor may, before <strong>the</strong> amount duefrom him has been ascertained, be attached, as in <strong>the</strong> case of an ordinary decreefor <strong>the</strong> payment of money.37. Where <strong>the</strong> property to be attached is movable property, o<strong>the</strong>r thanagricultural produce, in <strong>the</strong> possession of <strong>the</strong> judgment-debtor, <strong>the</strong> attachmentin his own custody, or in <strong>the</strong> custody of one of his subordinates, and shall beresponsible for <strong>the</strong> due custody <strong>the</strong>reof:Provided that, when <strong>the</strong> property seized is subject to speedy and naturaldecay, or when <strong>the</strong> expense of keeping it in custody is likely to exceed its value,seized is livestock <strong>the</strong> court may make such arrangement for <strong>the</strong> custody and38. Where <strong>the</strong> property to be attached is agricultural produce, <strong>the</strong>(a) where such produce is a growing crop, on <strong>the</strong> land on which suchcrop is growing; or(b) where such produce has been cut or ga<strong>the</strong>red, on <strong>the</strong> barn, stock,or place in which it is deposited,and ano<strong>the</strong>r copy on <strong>the</strong> outer door or on some o<strong>the</strong>r conspicuous part of <strong>the</strong>house in which <strong>the</strong> judgment-debtor ordinarily resides, or, with <strong>the</strong> leave of<strong>the</strong> court, on <strong>the</strong> outer door or on some o<strong>the</strong>r conspicuous part of <strong>the</strong> housein which he carries on business or personally works for gain, or in which heis known to have last resided or carried on business or personally workedfor gain; and <strong>the</strong> produce shall <strong>the</strong>reupon be deemed to have passed into <strong>the</strong>possession of <strong>the</strong> court.[Order 22, rule 39.]Provisions as toagricultural produceunder attachment.39. (1) Where agricultural produce is attached, <strong>the</strong> court shall make suchpurpose of enabling <strong>the</strong> court to make such arrangements, every applicationfor <strong>the</strong> attachment of a growing crop shall specify <strong>the</strong> time at which it is likely(2) Subject to such conditions as may be imposed by <strong>the</strong> court inthis behalf, ei<strong>the</strong>r in <strong>the</strong> order of attachment or in any subsequent order, <strong>the</strong>judgment-debtor may tend, cut, ga<strong>the</strong>r and store <strong>the</strong> produce and do any o<strong>the</strong>r<strong>act</strong> necessary for maturing or preserving it; and if <strong>the</strong> judgment-debtor failsto do all or any of such <strong>act</strong>s <strong>the</strong> decree-holder may, with <strong>the</strong> permission of <strong>the</strong>court and subject to <strong>the</strong> like conditions, do all or any of <strong>the</strong>m ei<strong>the</strong>r by himselfor by any person appointed by him in this behalf, and <strong>the</strong> costs incurred by <strong>the</strong>decree-holder shall be recoverable from <strong>the</strong> judgment-debtor as if <strong>the</strong>y were