the civil procedure act - Kenya Law Reports

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136[Subsidiary]Negotiableinstrumentsand shares incorporations.[Order 22, rule 64.]Sales by publicauction.CAP. 21 Civil Procedure [Rev. 2010a corporation, the court may, instead of directing the sale to be by public auction,authorise the sale of such instrument or share through a broker.64. (1) Where movable property is sold by public auction, the price ofperson holding the sale directs, and in default of payment the property shallforthwith be re-sold.the sale shall grant a receipt for the same, and the sale shall become absolute.(3) Where the movable property to be sold is a share in goods belongingto the judgment-debtor and a co-owner, and two or more persons, of whom oneis such co-owner, respectively bid the same sum for such property or for anylot, the bidding shall be deemed to be the bidding of the co-owner.[Order 22, rule 65.]Irregularity not tovitiate sale, but anyperson injured maysue.[Order 22, rule 66.]Delivery of movableproperty, debts andshares.65. No irregularity in publishing or conducting the sale of movableproperty shall vitiate the sale; but any person sustaining any injury by reasonof such irregularity at the hand of any other person may institute a suit againsthim for compensation, or (if such person is the purchaser) for the recovery of66. (1) Where the property sold is movable property of which actualseizure has been made, it shall be delivered to the purchaser.(2) Where the property sold is movable property in the possession of someperson other than the judgment-debtor, the delivery thereof to the purchaser shallbe made by giving notice to the person in possession ordering him to deliverpossession of the property to the purchaser.(3) Where the property sold is a share in a company, the delivery thereofshall be made by a written order of the court prohibiting the person in whosename the share may be standing from making any transfer of the share to anyperson except the purchaser, or receiving payment of any dividend or interestfrom permitting any such transfer or making any such payment to any personexcept the purchaser.(4) Where the execution of a document or the endorsement of the partyin whose name a negotiable instrument or share in a company is standing isrequired to transfer such negotiable instrument or share, the judge or registrarmay execute such document or make such endorsement as may be necessary,and such execution or endorsement shall have the same effect as an executionor endorsement by that party.(5) An execution or endorsement under subrule (4) may adopt thefollowing forms of words—A.B. by C.D. judge of the court of (or as the case may be) in suit No. of
Rev. 2010] Civil Procedure CAP. 21 13720 by E.F. against A.B.[Subsidiary](6) Until the transfer of such negotiable instrument or share, the courtmay appoint in writing some person to receive any interest or dividend duethereon and to sign a receipt therefor, and any receipt so signed shall be validand effective for all purposes.67. In the case of any movable property not hereinbefore provided for,the court may make an order vesting such property in the purchaser, or as hemay direct, and such property shall vest accordingly.68. Sale of immovable property in execution of decrees may be orderedby any court.[Order 22, rule 67.]Vesting order in caseof other property.[Order 22, rule 68.]Sale of immovableproperty.69. (1) On every sale of immovable property the person declared to bethe purchaser shall pay immediately after such declaration a deposit of twenty-person conducting the sale, and, in default of such deposit, the property shallforthwith be re-sold.(2) Where the decree-holder is the purchaser, and is entitled to set off thepurchase-money under rule 61, the court may dispense with the requirementsof this rule.[Order 22, rule 69.]Deposit by purchaserand re-sale ondefault.70. (1) Except as provided by rule 61, the full amount of the purchasemoneyshall be paid upon the delivery to the purchaser of an executedconveyance or transfer of the property.[Order 22, rule 70.]Payment of purchasemoney.(2) The purchase money shall be paid into court unless the court otherwiseorders.71. In default of payment within the period under rule 70, the depositand shall if forfeited be allocated towards satisfaction of the decree, and theproperty shall be re-sold, and the defaulting purchaser shall forfeit all claim tothe property or to any part of the sum for which it may subsequently be sold.72. Every re-sale of immovable property, in default of payment of thepurchase-money within the period allowed for such payment, shall be madehereinbefore prescribed for the sale.[Order 22, rule 71.]Procedure in defaultof payment.[Order 22, rule 72.]re-sale.73. Where the property sold is a share of undivided immovable property,and two or more persons, of whom one is a co-sharer, respectively bid the samesum for such property or for any lot, the bid shall be deemed to be the bid ofthe co-sharer.74. (1) Where immovable property has been sold in execution of a decree,any person, either owning such property or holding an interest therein by virtueof a title acquired before such sale, may apply to have the sale set aside on his[Order 22, rule 73.]Bid of co-sharer tohave preference.[Order 22, rule 74.]Application to setaside sale on deposit.
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