the civil procedure act - Kenya Law Reports
the civil procedure act - Kenya Law Reports
the civil procedure act - Kenya Law Reports
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Rev. 2010] Civil Procedure CAP. 21 13978. Where a sale of immovable property is set aside under rule 75, <strong>the</strong>purchaser shall be entitled to an order for payment of his purchase-money,with or without interest as <strong>the</strong> 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, <strong>the</strong> courtbear <strong>the</strong> date and <strong>the</strong> day on which <strong>the</strong> sale became absolute.80. Where <strong>the</strong> immovable property sold is in <strong>the</strong> occupancy of <strong>the</strong>judgment-debtor, or of some person on his behalf, or of some person claimingunder a title created by <strong>the</strong> judgment-debtor subsequently to <strong>the</strong> attachment of<strong>the</strong> court shall, on <strong>the</strong> application of <strong>the</strong> purchaser, order delivery to be made byputting such purchaser, or any person whom he may appoint to receive deliveryon his behalf, in possession of <strong>the</strong> property, and, if need be, by removing anyperson who refuses to vacate <strong>the</strong> same.81.Where <strong>the</strong> property sold is in <strong>the</strong> occupancy of a tenant or o<strong>the</strong>r personunder rule 79, <strong>the</strong> court shall, on <strong>the</strong> application of <strong>the</strong> purchaser, order deliveryon <strong>the</strong> property and notifying <strong>the</strong> occupant in such manner as <strong>the</strong> court may directthat <strong>the</strong> interest of <strong>the</strong> judgment-debtor has been transferred to <strong>the</strong> 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 <strong>the</strong> holder of a decree for <strong>the</strong> possession of immovableproperty or <strong>the</strong> purchaser of any such property sold in execution of a decree isresisted or obstructed by any person in obtaining possession of <strong>the</strong> property,he may make an application to <strong>the</strong> court complaining of such resistance orobstruction.[Order 22, rule 82.]Resistance orobstruction topossession ofimmovable property.<strong>the</strong> party against whom <strong>the</strong> application is made to appear and answer <strong>the</strong> same.occasioned without any just cause by <strong>the</strong> judgment-debtor, or by some o<strong>the</strong>rperson at his instigation, it shall direct that <strong>the</strong> applicant be put into possessionof <strong>the</strong> property, and, where <strong>the</strong> applicant is still resisted or obstructed inobtaining possession, <strong>the</strong> court may also, at <strong>the</strong> instance of <strong>the</strong> applicant, order<strong>the</strong> judgment-debtor, or any person <strong>act</strong>ing at his instigation, to be detained inprison for a period not exceeding thirty days.occasioned by any person (o<strong>the</strong>r than <strong>the</strong> judgment-debtor) claiming in goodfaith to be in possession of <strong>the</strong> property on his own account or on account ofsome person o<strong>the</strong>r than <strong>the</strong> judgment-debtor, <strong>the</strong> 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 <strong>the</strong> possession of immovable property by a person to whom <strong>the</strong>[Order 22, rule 83.]Resistance orobstruction byjudgment-debtor.[Order 22, rule84.] Resistance orobstruction by bona claimant.[Order 22, rule 85.]Rules not applicable