the civil procedure act - Kenya Law Reports

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Civil Procedure CAP. 21 141(d) that a receipt for money deposited in the account must be producedbefore any money is withdrawn.3.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.