the civil procedure act - Kenya Law Reports

More documents

Recommendations

Info

172CAP. 21 Civil Procedure [Rev. 2010[Subsidiary][Order 39, rule 10.]Attachment beforejudgment not toaffect rights ofstrangers nor bardecree-holder fromapplying for sale.[Order 39, rule 11.]Property attachedbefore judgment notto be re-attached inexecution of decree.10. Attachment before judgment shall not affect the rights, existing priorto the attachment, of persons not parties to the suit, nor bar any person holdinga decree against the defendant from applying for the sale of the property underattachment in execution of such decree.11. Where property is under attachment by virtue of this Order, and adecree is subsequently passed in favour of the plaintiff, it shall not be necessary,upon an application for execution of such decree, to apply for a re-attachmentof the property.ORDER 40TEMPORARY INJUNCTIONS AND INTERLOCUTORY ORDERS[Order 40, rule 1]Cases in whichtemporary injunctionmay be granted.(a) that any property in dispute in a suit is in danger of being wasted,damaged, or alienated by any party to the suit, or wrongfully soldin execution of a decree; or(b) that the defendant threatens or intends to remove or dispose of hisproperty in circumstances affording reasonable probability thatthe plaintiff will or may be obstructed or delayed in the executionof any decree that may be passed against the defendant in the suit,the court may by order grant a temporary injunction to restrain such act, ormake such other order for the purpose of staying and preventing the wasting,damaging, alienation, sale, removal, or disposition of the property as the court[Order 40, rule 2.]Injunction to restrainbreach of contract orother injury.2. (1) In any suit for restraining the defendant from committing a breachof contract or other injury of any kind, whether compensation is claimed inthe suit or not, the plaintiff may, at any time after the commencement of thesuit, and either before or after judgment, apply to the court for a temporaryinjunction to restrain the defendant from committing the breach of contractor injury complained of, or any injury of a like kind arising out of the samecontract or relating to the same property or right.(2) The court may by order grant such injunction on such terms as toan inquiry as to damages, the duration of the injunction, keeping an account,[Order 40, rule 3.]Consequence ofbreach.3. (1) In cases of disobedience, or of breach of any such terms, the courtgranting an injunction may order the property of the person guilty of suchdisobedience or breach to be attached, and may also order such person to bedetained in prison for a term not exceeding six months unless in the meantime
Rev. 2010] Civil Procedure CAP. 21 173the court directs his release.[Subsidiary](2) No attachment under this rule shall remain in force for more thanone year, at the end of which time, if the disobedience or breach continues, theproperty attached may be sold, and out of the proceeds the court may awardentitled thereto.(3) An application under this rule shall be made by notice of motion inthe same suit.object of granting the injunction would be defeated by the delay, it may hearthe application ex parte.[Order 40, rule 4.]Notice of application.(2) An ex parte injunction may be granted only once for not more thanfourteen days and shall not be extended thereafter except once by consent ofparties or by the order of the court for a period not exceeding fourteen days.(3) In any case where the court grants an ex parte injunction the applicantshall within three days from the date of issue of the order serve the order, theapplication and pleading on the party sought to be restrained. In default ofautomatically lapse.(4) All applications under this order shall be heard expeditiously and inreason extends the time.5. In all applications for injunction, the court shall, after inter- parteshearing deliver its ruling either at once or within thirty days of the conclusionof the hearing with notice to the parties or their advocates;[Order 40, rule 5]Ruling of the court.Provided where the ruling is not delivered within thirty days, the judge6. Where a suit in respect of which an interlocutory injunction has beengranted is not determined within a period of twelve months from the date oforders otherwise.[Order 40, rule 6.]Lapse of injunction.7. Any order for an injunction may be discharged, or varied, or set aside by[Order 40, rule 7.]Order for injunctionmay be discharged,varied, or set aside.8. An injunction directed to a corporation is binding not only on thepersonal action it seeks to restrain.[Order 40, rule 8.]Injunction againstcorporation binding
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:
Page 91 and 92:
Page 93 and 94:
Page 95 and 96:
Page 97 and 98:
Page 99 and 100:
Page 101 and 102:
Page 103 and 104:
Page 105 and 106:
Page 107 and 108:
Page 109 and 110:
Page 111 and 112:
Page 113 and 114:
Page 115 and 116:
Page 117 and 118:
Page 119 and 120:
Page 121 and 122: Rev. 2010] Civil Procedure CAP. 21
Page 161: Rev. 2010] Civil Procedure CAP. 21
Page 164: 164[Subsidiary][Order 35, rule 4.]P
Page 171: Rev. 2010] Civil Procedure CAP. 21
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

Create successful ePaper yourself

Delete template?

Save as template?