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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132CAP. 21 Civil Procedure [Rev. 2010[Subsidiary](i) <strong>the</strong> court which passed <strong>the</strong> decree sought to be executed cancels <strong>the</strong>notice; or(ii) <strong>the</strong> holder of <strong>the</strong> decree sought to be executed or his judgment-debtorapplies to <strong>the</strong> court receiving such notice to execute its own decree.(2) Where a court makes an order under subrule (1) (a), or receives anapplication under subrule (1) (b) (ii), it shall, on <strong>the</strong> application of <strong>the</strong> creditorwho has attached <strong>the</strong> decree of his judgment- debtor proceed to execute <strong>the</strong>attached decree and apply <strong>the</strong> net proceeds in satisf<strong>act</strong>ion of <strong>the</strong> decree soughtto be executed.(3) The holder of a decree sought to be executed by <strong>the</strong> attachment ofrepresentative of <strong>the</strong> holder of <strong>the</strong> attached decree and to be entitled to executesuch attached decree in any manner lawful for <strong>the</strong> holder <strong>the</strong>reof.(4) Where <strong>the</strong> property to be attached in <strong>the</strong> execution of a decree is adecree o<strong>the</strong>r than a decree of <strong>the</strong> nature referred to in subrule (1), <strong>the</strong> attachmentshall be made by a notice, by <strong>the</strong> court which passed <strong>the</strong> decree sought to beexecuted to <strong>the</strong> holder of <strong>the</strong> decree sought to be attached, prohibiting him fromtransferring or charging <strong>the</strong> same in any way; and, where such decree has beenpassed by any o<strong>the</strong>r court, also by sending to such o<strong>the</strong>r court a notice to abstainfrom executing <strong>the</strong> decree sought to be attached until such notice is cancelledby <strong>the</strong> court from which it was sent.(5) The holder of a decree attached under this rule shall give to <strong>the</strong> courtexecuting <strong>the</strong> decree such information and aid as may be required.(6) On <strong>the</strong> application of <strong>the</strong> holder of a decree sought to be executedby <strong>the</strong> attachment of ano<strong>the</strong>r decree, <strong>the</strong> court making an order of attachmentunder this rule shall give notice of such order to <strong>the</strong> judgment-debtor bound by<strong>the</strong> decree attached; and no payment or adjustment of <strong>the</strong> attached decree madeby <strong>the</strong> judgment-debtor in contravention of such order after receipt of notice<strong>the</strong>reof, ei<strong>the</strong>r through <strong>the</strong> court or o<strong>the</strong>rwise, shall be recognised by any courtso long as <strong>the</strong> attachment remains in force.[Order 22, rule 48.]Attachment ofimmovable property.48. (1) Where <strong>the</strong> property to be attached is immovable, <strong>the</strong> attachmentshall be made by an order prohibiting <strong>the</strong> judgment-debtor from transferringfrom such purported transfer or charge, and <strong>the</strong> attachment shall be completeand effective upon registration of a copy of <strong>the</strong> prohibitory order or inhibitionagainst <strong>the</strong> title to <strong>the</strong> property.property.[Order 22, rule 49.]Removal ofattachment after49. Where—(a) <strong>the</strong> amount decreed with costs and all charges and expenses