the civil procedure act - Kenya Law Reports

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.