the civil procedure act - Kenya Law Reports

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134[Subsidiary]Power to orderproperty attached tobe sold and proceedsto be paid to personentitled.[Order 22, rule 56.]Sale, by whomconducted and howmade.CAP. 21 Civil Procedure [Rev. 2010it and liable to sale, or such portion thereof as may seem necessary to satisfy thethereof, shall be paid to the party entitled under the decree to receive the same.56. (1) Save as otherwise prescribed, every sale in execution of a decreecourt may appoint in this behalf, and shall be made by public auction in themanner prescribed.(2) Any court executing a decree may make orders relating to the paymentof the charges for attaching the property or conducting the sale of the propertyand for the enforcement of such payment.[Order 22, rule 57.]by public auction.57. (1) Where any property is ordered to be sold by public auction inexecution of a decree, the court shall cause public notice and advertisement ofthe intended sale to be given in such manner as the court may direct.(2) Such public notice shall be drawn up after notice to the decree-holderand the judgment-debtor, and shall state the time and place of sale, and specifyas fairly and accurately as possible—(a) the property to be sold;(b) any encumbrance to which the property is liable;(c) the amount for the recovery of which the sale is ordered; and(d) every other thing which the court considers material for a purchaserto know in order to judge the nature and value of the property:Provided that notice to the judgment-debtor may be dispensed with, orsubstituted service thereof ordered, for reasons to be recorded by the court.(3) Every application for an order for sale under this rule shall beaccompanied by a statement signed in the manner hereinbefore prescribed forthe signing of pleadings and containing, so far as they are known to or can beascertained by the person so signing, the matters required by subrule (2) to bepublic notice, the court may summon any person whom it thinks necessary tosummon and may examine him in respect to any such matters and require himto produce any document in his possession or power relating thereto.(5) Directions shall be given as to the mode and expense of advertisingthe sale, which expense shall be costs of the sale.(6) The advertisement shall be in Form No. 15 of Appendix A.
Rev. 2010] Civil Procedure CAP. 21 13558. Save in the case of property of the kind described in the proviso torule 37, no sale hereunder shall without the consent in writing of the judgmentdebtor,take place until after the expiration of at least thirty days in the case ofin the precincts of the court of the judge ordering the sale.59. (1) The court may, in its discretion, adjourn any sale hereunder todiscretion adjourn the sale, recording his reasons for such adjournment:Provided that where the sale is made in, or within the precincts of thecourt, no such adjournment shall be made without leave of the court.(2) Where a sale is adjourned under subrule (1) for a longer period thanseven days, fresh public notice shall be given, unless the judgment-debtorconsents to waive it.(3) Every sale shall be stopped if, before the lot is knocked down, the debtthe sale, or proof is given to his satisfaction that the amount of such debt andcosts has been paid into the court which ordered the sale.of the purchaser’s default, and all expenses attending such re- sale, shall bethe instance of either the decree-holder or the judgment-debtor, be recoverablefrom the defaulting purchaser under the provisions relating to the execution ofa decree for the payment of money.[Subsidiary][Order 22, rule 58.]Time of sale.[Order 22, rule 59.]Adjournment orstoppage of sale.[Order 22, rule 60.]Defaulting purchaseranswerable for losson re-sale.61. (1) No holder of a decree in execution of which property is sold shall,without the express permission of the court, bid for or purchase the property.(2) Where a decree-holder purchases with such permission, the purchasemoney and the amount due on the decree may, subject to section 50 of the Act,be set off against one another, and the court executing the decree shall enter upsatisfaction of the decree in whole or in part accordingly.[Order 22, rule 61.]Decree-holder notto bid for or buyproperty withoutpermission.(3) Where a decree-holder purchases, by himself or through anotherof the judgment-debtor or any other person whose interests are affected by thesale, by order set aside the sale; and the costs of such application and order,attending it, shall be paid by the decree-holder.with any sale shall, either directly or indirectly bid for, acquire or attempt toacquire, any interest in the property sold.63. Where the property to be sold is a negotiable instrument or a share in[Order 22, rule 62.]Restriction onbidding or purchase[Order 22, rule 63.]
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