the civil procedure act - Kenya Law Reports

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130[Subsidiary]CAP. 21 Civil Procedure [Rev. 2010such salary or allowance is payable such person shall withhold and remit to thecourt or, if the court by the order so directs, to the advocate for the judgmentcreditor,the amount due under the order or each or any monthly instalment,as the case may be.(2) Where the attachable proportion of such salary or allowance is alreadyof attachment the person by whom such salary or allowance is payable shallretain every subsequent order and, upon satisfaction of such previous andor allowance in accordance with the terms of the order next received by him.(3) Subject to subrule (2), every order made under this rule shall, withoutfurther notice or other process, be binding on the person by whom such salaryallowance payable by such person; and the person by whom such salary orallowance is payable shall be liable for any sum paid in contravention of this rule.[Order 22, rule 43.]Attachment ofpartnership property.Cap. 29.43. (1) Save as otherwise provided by this rule, property belonging to apartnership shall not be attached or sold in execution of a decree other than a(2) The court may, on the application of the holder of a decree against apartner, make an order charging the interest of such partner in the partnershipby the same or a subsequent order, appoint a receiver of the share of such partnerwhich may be coming to him in respect of the partnership, and direct accountsand inquiries and make an order for the sale of such interest or other orders asmight have been directed or made if a charge had been made in favour of thedecree-holder by such partner, or as the circumstances of the case may require.Applications under this subrule shall be in accordance with the provisions ofsection 27 of the Partnership Act.(3) The other partner or partners shall be at liberty at any time to redeemthe interest charged, or, in the case of a sale being directed, to purchase the same.(4) Every application for an order under subrule (2) shall be served on(5) Every application made by any partner of the judgment- debtor undersubrule (3) shall be served on the decree-holder and on the judgment-debtor,and on such of the other partners as do not join in the application and as are(6) Service under subrule (4) or (5) shall be deemed to be service on allthe partners, and all orders made on such applications shall be similarly served.[Order 22, rule 44.]Execution of decreebe granted—
Rev. 2010] Civil Procedure CAP. 21 131(a) against any property of the partnership;[Subsidiary](b) against any person who has appeared in his own name under rules6 or 7 of Order 30 or who has admitted on the pleadings, that heis, or who has been adjudged to be, a partner; or(c) against any person other than an infant who has been individuallyserved as a partner with the summons and has failed to appear.(2) Where the decree-holder claims to be entitled to cause the decreeto be executed against any person other than such a person as is referred to insubrules (1) (b) and (1) (ccourt which passed the decree for leave, and, where the liability is not disputed,such court may grant such leave, or, where such liability is disputed, may orderthat the liability of such person be tried and determined in any manner in whichany issue in a suit may be tried and determined.(3) Where the liability of any person has been tried and determined undersubrule (2), the order made thereon shall have the same force and be subject tothe same conditions as to appeal or otherwise as if it were a decree.shall not release, render liable, or otherwise affect any partner therein unlesshe has been served with a summons to appear.45. Where the property to be attached is a negotiable instrument notbe made by actual seizure, and the instrument shall be brought into court andheld subject to further orders of the court.[Order 22, rule 45.]Attachmentof negotiableinstrument.46. Where the property to be attached is in the custody of any court, theattachment shall be made by a notice to such court requesting that such property,and any interest or dividend becoming payable thereon, may be held subject tothe further orders of the court from which the notice is issued:[Order 22, rule 46.]Attachment ofproperty in custodyof court.Provided that, where such property is in the custody of a court, anyquestion of title or priority arising between the decree-holder and any otherperson, not being the judgment-debtor, claiming to be interested in such propertyby virtue of any assignment or otherwise, shall be determined by such court.47. (1) Where the property to be attached is a decree, either for thepayment of money or for sale in enforcement of a mortgage or charge, theattachment shall be made—[Order 22, rule 47.]Attachment ofdecree.(a) if the decrees were passed by the same court, then by order ofsuch court; and(b) if the decree sought to be attached was passed by another court,then by the issue to such other court of a notice by the court whichpassed the decree sought to be executed, requesting such other courtto stay the execution of its decree unless and until—
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