the civil procedure act - Kenya Law Reports

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138[Subsidiary]CAP. 21 Civil Procedure [Rev. 2010depositing in court—(a) for payment to the purchaser, a sum equal to ten percent of thepurchase-money; and(bordered, less any amount which may since the date of such public(2) Where a person applies under rule 75 to set aside the sale of hisimmovable property, he shall not, unless he withdraws his application, beentitled to make or prosecute an application under this rule.(3) Nothing in this rule shall relieve the judgment-debtor from anyliability he may be under in respect of costs and interest not covered by the[Order 22, rule 75.]Application to setaside sale on groundof irregularity orfraud.[Order 22, rule 76.]Application bypurchaser to setaside sale on groundof judgment-debtorhaving no saleableinterest.[Order 22, rule 77.]Sale, when to becomeabsolute or be setaside.75. Where any immovable property has been sold in execution of a decree,the decree-holder, or any person whose interests are affected by the sale, mayapply to the court to set aside the sale on the ground of a material irregularityor fraud in publishing or conducting it:Provided that no sale shall be set aside on the ground of irregularity orsustained substantial injury by reason of such irregularity or fraud.76. The purchaser at any such sale in execution of a decree may applyto the court to set aside the sale on the ground that the judgment- debtor hadno saleable interest in the property sold.77. (1) Where no application is made under rule 74, rule 75 or rule 76, orwhere such application is made and disallowed, the court shall make an orderthe interest of the judgment-debtor in the property sold is concerned.(2) Where such application is made and allowed and where, in the caseof an application under rule 74, the deposit required by that rule is made withinthirty days from the date of sale, the court shall make an order setting asidethe sale:Provided that no order shall be made unless notice of the application hasbeen given to all persons affected thereby.(3) No suit to set aside an order made under this rule shall be broughtby any person against whom such order is made.
Rev. 2010] Civil Procedure CAP. 21 13978. Where a sale of immovable property is set aside under rule 75, thepurchaser shall be entitled to an order for payment of his purchase-money,with or without interest as the court may direct, against any person to whomit has been paid.[Subsidiary][Order 22, rule 78.]Return of purchasemoneyin certaincases.79. Where a sale of immovable property has become absolute, the courtbear the date and the day on which the sale became absolute.80. Where the immovable property sold is in the occupancy of thejudgment-debtor, or of some person on his behalf, or of some person claimingunder a title created by the judgment-debtor subsequently to the attachment ofthe court shall, on the application of the purchaser, order delivery to be made byputting such purchaser, or any person whom he may appoint to receive deliveryon his behalf, in possession of the property, and, if need be, by removing anyperson who refuses to vacate the same.81.Where the property sold is in the occupancy of a tenant or other personunder rule 79, the court shall, on the application of the purchaser, order deliveryon the property and notifying the occupant in such manner as the court may directthat the interest of the judgment-debtor has been transferred to the purchaser.[Order 22, rule 79.]purchaser.[Order 22, rule 80.]Delivery of propertyin occupancy ofjudgment-debtor.[Order 22, rule 81.]Delivery of propertyin occupancy oftenant.82. (1) Where the holder of a decree for the possession of immovableproperty or the purchaser of any such property sold in execution of a decree isresisted or obstructed by any person in obtaining possession of the property,he may make an application to the court complaining of such resistance orobstruction.[Order 22, rule 82.]Resistance orobstruction topossession ofimmovable property.the party against whom the application is made to appear and answer the same.occasioned without any just cause by the judgment-debtor, or by some otherperson at his instigation, it shall direct that the applicant be put into possessionof the property, and, where the applicant is still resisted or obstructed inobtaining possession, the court may also, at the instance of the applicant, orderthe judgment-debtor, or any person acting at his instigation, to be detained inprison for a period not exceeding thirty days.occasioned by any person (other than the judgment-debtor) claiming in goodfaith to be in possession of the property on his own account or on account ofsome person other than the judgment-debtor, the court shall make such ordersas it may deem just.85. Nothing in rule 84 shall apply to resistance or obstruction in executionof a decree for the possession of immovable property by a person to whom the[Order 22, rule 83.]Resistance orobstruction byjudgment-debtor.[Order 22, rule84.] Resistance orobstruction by bona claimant.[Order 22, rule 85.]Rules not applicable
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