the civil procedure act - Kenya Law Reports

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132CAP. 21 Civil Procedure [Rev. 2010[Subsidiary](i) the court which passed the decree sought to be executed cancels thenotice; or(ii) the holder of the decree sought to be executed or his judgment-debtorapplies to the 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 the application of the creditorwho has attached the decree of his judgment- debtor proceed to execute theattached decree and apply the net proceeds in satisfaction of the decree soughtto be executed.(3) The holder of a decree sought to be executed by the attachment ofrepresentative of the holder of the attached decree and to be entitled to executesuch attached decree in any manner lawful for the holder thereof.(4) Where the property to be attached in the execution of a decree is adecree other than a decree of the nature referred to in subrule (1), the attachmentshall be made by a notice, by the court which passed the decree sought to beexecuted to the holder of the decree sought to be attached, prohibiting him fromtransferring or charging the same in any way; and, where such decree has beenpassed by any other court, also by sending to such other court a notice to abstainfrom executing the decree sought to be attached until such notice is cancelledby the court from which it was sent.(5) The holder of a decree attached under this rule shall give to the courtexecuting the decree such information and aid as may be required.(6) On the application of the holder of a decree sought to be executedby the attachment of another decree, the court making an order of attachmentunder this rule shall give notice of such order to the judgment-debtor bound bythe decree attached; and no payment or adjustment of the attached decree madeby the judgment-debtor in contravention of such order after receipt of noticethereof, either through the court or otherwise, shall be recognised by any courtso long as the attachment remains in force.[Order 22, rule 48.]Attachment ofimmovable property.48. (1) Where the property to be attached is immovable, the attachmentshall be made by an order prohibiting the judgment-debtor from transferringfrom such purported transfer or charge, and the attachment shall be completeand effective upon registration of a copy of the prohibitory order or inhibitionagainst the title to the property.property.[Order 22, rule 49.]Removal ofattachment after49. Where—(a) the amount decreed with costs and all charges and expenses
Rev. 2010] Civil Procedure CAP. 21 133resulting from the attachment of any property are paid into court,or satisfaction of the decree is otherwise made through the court[Subsidiary]satisfaction of decree.(b) the decree is set aside or reversed,the attachment shall be deemed to be withdrawn, and, in the case of immovableproperty the withdrawal shall, if the judgment-debtor so desires, be proclaimedprescribed by rule 48 of this Order.50. Where any property has been attached in execution of a decree, butby reason of the decree-holder’s default the court is unable to proceed furtherwith the application for execution, it shall either dismiss the application or fordismissal of such application the attachment shall cease.[Order 22, rule 50.]Determination ofattachment.51. (1) Any person claiming to be entitled to or to have a legal or equitableinterest in the whole of or part of any property attached in execution of a decreemay at any time prior to payment out of the proceeds of sale of such propertygive notice in writing to the court and to all the parties and to the decree-holderof his objection to the attachment of such property.[Order 22, rule 51.]Objection toattachment.(2) Such notice shall be accompanied by an application supported byor person makes to the whole or portion of the property attached.(3) Such notice of objection and application shall be served within seven52. Upon receipt of a valid notice and application as provided under rule51, the court may order a stay of the execution for not more than fourteen daysand shall call upon the attaching creditor by notice in writing to intimate to thecourt and to all the parties in writing within seven days whether he proposesto proceed with the attachment and execution thereunder wholly or in part.53. Should the attaching creditor in pursuance of a notice issued under rule52 either fail to reply to the court and the objector within the period prescribedby the notice or intimate in writing to the court and the objector within theperiod prescribed by such notice that he does not propose to proceed with theexecution of the attachment of the whole or of a portion of the property subjectto the attachment, the court shall make an order raising the attachment as to thewhole or a portion of the property subject to the attachment in accordance withthe intimation received from the attaching creditor and shall make such order[Order 22, rule 52.]Stay of execution.[Order 22, rule 53.]Raising ofattachment.54. If the attaching creditor proposes to proceed with the attachmentand the court shall proceed to hear the application expeditiously.[Order 22, rule 54.]Notice of intention toproceed.55. Any court executing a decree may order that any property attached by[Order 22, rule 55.]
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