the civil procedure act - Kenya Law Reports

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152[Subsidiary]CAP. 21 Civil Procedure [Rev. 2010(d) Order 40 (Injunctions); and(e) Order 41 (Appointment of receiver).[Order 29, rule.3.]Application for asection. 21 ofthe GovernmentProceedings Act.Cap.40.[Order 29, rule 4.]Attachment of debtsor appointment of areceiver.Proceedings Act (which relates to satisfaction of orders against the Government)shall be made to a registrar or, in the case of a subordinate court, to the court;be issued with respect to costs ordered to be paid to the applicant shall be madeshall be in one of Form Nos. 22 and 23 of Appendix A with such variations ascircumstances may require.4. (1) No order for the attachment of debts under Order 23 or for theappointment of a receiver under Order 41 shall be made or have effect inrespect of any money due or accruing or alleged to be due or accruing fromthe Government.(2) In a case where it is alleged that such an order could have beenobtained and would have had effect in respect of such money if it had been dueor accruing from a subject the court may on the application by summons of thedecree-holder make an order restraining the judgment-debtor from receivingsuch money and directing payment by the Government to the decree-holder orreceiver; and the court may appoint a receiver for that purpose.(3) No such order shall be made in respect of money which is subject tothe provisions of any enactment prohibiting or restricting assigning or chargingor taking in execution.(4) (a) Any such summons under subrule (2) shall on the Governmentat least four days before the return day and, unless otherwise ordered, on thejudgment-debtor or his advocate.(b) Service on the judgment-debtor or his advocate shall be in the mannerprovided for such service by Order 23 rule 1, and service on the Governmentshall be effected by service on the Attorney-General in accordance with Order5, rule 9.(5) If the Government disputes liability the court may order that any issueor question necessary for determining the liability of the Government shall betried or determined in any manner in which any issue or question in a suit maybe tried or determined; and where it is suggested by the Government that thedebt with reference to which the proceedings are taken belongs to some thirdperson, or that any third person has a claim upon it, the court may order suchthird person to appear and state the nature and particulars of his claim uponsuch debt; and after hearing any such third person as aforesaid, and any otherperson whom by the same or any subsequent order the court may require toappear, the court may bar the claim of the third person or make such order withthe third person’s claim (if any) and to costs as it deems just and reasonable,and if the third person does not appear when ordered, the court may exercise
Rev. 2010] Civil Procedure CAP. 21 153any powers which it might have exercised if he had appeared.[Subsidiary]whom the order for the attachment of debts or for the appointment of a receiver means the person in whose favour it could have been obtained.ORDER 30SUITS BY OR AGAINST FIRMS AND OTHER PERSONSCARRYING OUT BUSINESS IN NAMESOTHER THAN THEIR OWN1. Any two or more persons claiming or being liable as partners andany) in which such persons were partners at the time of the accruing of thecause of action, and any party to a suit may in such case apply to the court fora statement of the names and addresses of the persons who were, at the time ofthe plaintiffs or their advocate shall, on demand in writing by or on behalf ofany defendant, within seven days, declare in writing the names and places ofinstituted.(2) Where the plaintiffs or their advocate fail to comply with any demandmade under subrule (1), all proceedings in the suit may, upon an application forthat purpose, be stayed upon such terms as the court may direct.(3) Where the names of the partners are declared in the manner referredto in subrule (1), the suit shall proceed in the same manner, and the sameconsequences in all respects shall follow, as if they had been named as plaintiffsin the plaint:Provided that all the proceedings shall nevertheless continue in the name[Order 30, rule 1.]Suing of partners in[Order 30, rule 2.]Disclosure ofpartners’ names.service of the summons shall be effected either—[Order 30, rule 3.]Service.(a) upon any one or more of the partners;(b) at the principal place at which the partnership business is carriedthe control or management of the partnership business there; or(c) as the court may direct.
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