the civil procedure act - Kenya Law Reports

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.]