the civil procedure act - Kenya Law Reports

More documents

Recommendations

Info

140[Subsidiary]to transfereependente lite.[Order 22, rule 86.]Order conclusivesubject to regularsuit.CAP. 21 Civil Procedure [Rev. 2010judgment-debtor has transferred the property after the institution of the suit inwhich the decree was passed or to the dispossession of any such person.86. Any party not being a judgment-debtor against whom an order ismade under rule 83 or rule 84, may institute a suit to establish the right whichhe claims to the present possession of the property; but, subject to the result ofsuch suit, if any, the order shall be conclusive.ORDER 23ATTACHMENT OF DEBTS[Order 23, rule 1.]Order for theattachment of debts.1. (1) A court may, upon the ex parte application of a decree- holder, andeither before or after an oral examination of the judgment- debtor, and uponis indebted to the judgment-debtor and is within the jurisdiction, order that alldebts (other than the salary or allowance coming within the provisions of Orderto the judgment-debtor shall be attached to answer the decree together with thecosts of the garnishee proceedings; and by the same or any subsequent order itmay be ordered that the garnishee shall appear before the court to show causewhy he should not pay to the decree- holder the debt due from him to thetogether with the costs aforesaid.(2) At least seven days before the day of hearing the order nisi shall beserved on the garnishee, and, unless otherwise ordered, on the judgment-debtor.(3) Service on the judgment-debtor may be made either at the addressfor service if the judgment-debtor has appeared in the suit and given an addressfor service, or on his advocate if he has appeared by advocate, or if there hasbeen no appearance then by leaving the order at his usual residence or place ofbusiness or in such manner as the court may direct.(4) An order nisi shall be in Form No. 16 of Appendix A.[Order 23, rule 2.]Attachment ofdeposits.shall for the purposes of this Order be a sum due or accruing and shall beattachable accordingly notwithstanding that any of the following requirementsis applicable to the account and has not been complied with-(a) that notice is required before any money is withdrawn;(b) that a personal application must be made before any money iswithdrawn;(c) that a deposit book must be produced before any money iswithdrawn; or
Rev. 2010] Civil Procedure CAP. 21 141(d) that a receipt for money deposited in the account must be producedbefore any money is withdrawn.3. Service of an order that debts due to a judgment-debtor liable under adecree shall be attached, or notice thereof to the garnishee in such manner, asthe court may direct, shall bind such debts in his hands.[Subsidiary][Order 23, rule 3.]Effect of garnisheeorder.4. If the garnishee does not dispute the debt due or claimed to be duefrom him to the judgment-debtor, or, if he does not appear upon the day ofhearing named in an order nisi, then the court may order execution against theperson and goods of the garnishee to levy the amount due from him, or so muchgarnishee proceedings; and the order absolute shall be in Form No. 17 or 18 ofAppendix A, as the case may require.[Order 23, rule 4.]Execution againstgarnishee.5. If the garnishee disputes his liability, the court, instead of making anorder that execution be levied, may order that any issue or question necessaryfor determining his indebtedness be tried and determined in the manner in whichan issue or question in a suit is tried or determined.6. Whenever in any proceedings to obtain an attachment of debts it issuggested by the garnishee that the debt sought to be attached belongs to somethird person, or that any third person has a lien or charge upon it, the courtmay order such third person to appear, and state the nature and particulars ofhis claim upon such debt.7. After hearing the allegations of any third person under such order, asin rule 6 mentioned, or of any other person who by the same or any subsequentorder the court may order to appear, or in case of such third person not appearingwhen ordered, the court may order execution for levying the amount due fromthe garnishee, together with the costs of the garnishee proceedings, or orderany issue or question to be tried or determined according to the preceding rulesof this Order, and may bar the claim of such third person or make such other8. Payment made by or execution levied upon the garnishee under anysuch proceeding as aforesaid shall be a valid discharge to him as against thejudgment-debtor to the amount paid or levied, although such proceeding ororder may be set aside or the decree reversed.in which the decree sought to be enforced was obtained.10. The costs of any application for an attachment of debts and of anyproceedings arising from or incidental to such application, shall be in thediscretion of the court, and the costs of the decree-holder shall, unless otherwisedirected, be retained out of the money recovered by him under the garnisheeorder, and in priority to the amount due under the decree.[Order 23, rule 5.]Trial of liability ofgarnishee.[Order 23, rule 6.]Claim of thirdperson.[Order 23, rule 7.]Trial of claim of thirdperson.[Order 23, rule 8.]Payment by orexecution on thegarnishee is a validdischarge.[Order 23, rule 9.]Record ofproceedings.[Order 23, rule 10.]Costs of proceedings.
Page 1:
DECARESIS®Décade de résistances
Page 8 and 9:
8 CAP. 21 Civil Procedure[Rev. 2010
Page 10 and 11:
Page 12 and 13:
Page 14 and 15:
Page 16 and 17:
Page 18 and 19:
Page 20:
Page 23 and 24:
Rev. 2010] Civil Procedure CAP. 21
Page 25 and 26:
Page 27 and 28:
Page 29 and 30:
Page 31 and 32:
Page 33 and 34:
Page 35 and 36:
Page 37 and 38:
Page 39 and 40:
Page 41 and 42:
Page 43 and 44:
Page 45 and 46:
Page 47 and 48:
Page 49 and 50:
Page 51 and 52:
Page 53 and 54:
Page 55 and 56:
Page 57 and 58:
Page 59 and 60:
Page 61 and 62:
Page 63 and 64:
Page 65 and 66:
Page 67 and 68:
Page 69 and 70:
Page 71 and 72:
Page 73 and 74:
Page 75 and 76:
Page 77 and 78:
Page 79 and 80:
Page 81 and 82:
Page 83 and 84:
Page 85 and 86:
Page 87 and 88:
Page 89 and 90: Rev. 2010] Civil Procedure CAP. 21
Page 139: Rev. 2010] Civil Procedure CAP. 21
Page 161: Rev. 2010] Civil Procedure CAP. 21
Page 164: 164[Subsidiary][Order 35, rule 4.]P
Page 191 and 192:
Page 193 and 194:
Page 195 and 196:
Page 197 and 198:
Page 199 and 200:
Page 201 and 202:
Page 203 and 204:
Page 205 and 206:
Page 207 and 208:
Page 209 and 210:
Page 211 and 212:
Page 213 and 214:
Page 215 and 216:
Page 217 and 218:
Page 219 and 220:
Page 221 and 222:
Page 223 and 224:
Page 225 and 226:
Page 227 and 228:
Page 229 and 230:
Page 231 and 232:
Page 233 and 234:
Page 235 and 236:
Page 237:
show all

the civil procedure act - Kenya Law Reports

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?