the civil procedure act - Kenya Law Reports

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128[Subsidiary][Order 22, rule 36.]Attachment in caseof decree for rent,other matter.[Order 22, rule 37.]Attachment ofmovable propertyother thanagricultural produce,in possession ofjudgment-debtor.[Order 22, rule 38.]Attachment ofagricultural produce.CAP. 21 Civil Procedure [Rev. 2010and for the production of any books or documents.36. Where a decree directs an inquiry as to rent or mesneother matter, the property of the judgment-debtor may, before the amount duefrom him has been ascertained, be attached, as in the case of an ordinary decreefor the payment of money.37. Where the property to be attached is movable property, other thanagricultural produce, in the possession of the judgment-debtor, the attachmentin his own custody, or in the custody of one of his subordinates, and shall beresponsible for the due custody thereof:Provided that, when the property seized is subject to speedy and naturaldecay, or when the expense of keeping it in custody is likely to exceed its value,seized is livestock the court may make such arrangement for the custody and38. Where the property to be attached is agricultural produce, the(a) where such produce is a growing crop, on the land on which suchcrop is growing; or(b) where such produce has been cut or gathered, on the barn, stock,or place in which it is deposited,and another copy on the outer door or on some other conspicuous part of thehouse in which the judgment-debtor ordinarily resides, or, with the leave ofthe court, on the outer door or on some other conspicuous part of the 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 the produce shall thereupon be deemed to have passed into thepossession of the court.[Order 22, rule 39.]Provisions as toagricultural produceunder attachment.39. (1) Where agricultural produce is attached, the court shall make suchpurpose of enabling the court to make such arrangements, every applicationfor the attachment of a growing crop shall specify the time at which it is likely(2) Subject to such conditions as may be imposed by the court inthis behalf, either in the order of attachment or in any subsequent order, thejudgment-debtor may tend, cut, gather and store the produce and do any otheract necessary for maturing or preserving it; and if the judgment-debtor failsto do all or any of such acts the decree-holder may, with the permission of thecourt and subject to the like conditions, do all or any of them either by himselfor by any person appointed by him in this behalf, and the costs incurred by thedecree-holder shall be recoverable from the judgment-debtor as if they were
Rev. 2010] Civil Procedure CAP. 21 129included in, or formed part of, the decree.[Subsidiary](3) Agricultural produce attached as a growing crop shall not be deemed tohave ceased to be under attachment or to require re- attachment merely becauseit has been severed from the soil.(4) Where an order for the attachment of a growing crop has been madeand may in its discretion, make a further order prohibiting the removal of thecrop pending the execution of the order of attachment.40. (1) In the case of—(a) a share in the capital of a corporation; or(b) other movable property not in the possession of the judgmentdebtor,[Order 22, rule 40.]Attachment of shareand other propertynot in possession ofjudgment-debtor.attachment shall be made by a written order prohibiting—(i) in the case of the share, the person in whose name the sharemay be standing from transferring the same or receiving anydividend thereon; or(ii) in the case of the other movable property except as aforesaid,the person in possession of the same from giving it over to thejudgment-debtor.precincts of the court, and another copy shall be sent, in the case of the share,property (except as aforesaid) to the person in possession of the same.(3) If the person in possession of the movable property does not layclaim to such property under rule 51, the court may make an order for actualseizure of the property as if it were in the possession of the judgment-debtor.41. Where the property to be attached consists of the share or interestof the judgment-debtor in movable property belonging to him and another asco-owners, the attachment shall be made by a notice to the judgment-debtorprohibiting him from transferring the share or interest or charging it in any way.42. (1) Where the property to be attached is any salary or periodicalallowance payable to the judgment-debtor by any person, the court, whetherthe judgment-debtor or the person by whom such salary or allowance is payableis or is not within the local limits of the court’s jurisdiction, may order that theamount shall, subject to the provisions of section 44 of the Act, be withheldfrom such salary or allowance either in one payment or by monthly instalmentsas the court may direct; and upon notice of the order to the person by whom[Order 22, rule 41.]Attachment of sharein movables.[Order 22, rule 42.]Attachment of salaryor allowance.
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