the civil procedure act - Kenya Law Reports

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174[Subsidiary][Order 40, rule 9.]Power to orderinterim sale.[Order 40, rule 10.]Detention,preservation,inspection ofproperty.CAP. 21 Civil Procedure [Rev. 20109. The court may, on the application of any party to a suit, order the sale,by any person named in such order, and in such manner and on such terms asattached before judgment in such suit, which is subject to speedy and naturalsold at once.10. (1) The court may, on the application of any party to a suit, and on(a) make an order for the detention, preservation, or inspection of anyproperty which is the subject-matter of such suit, or as to whichany question may arise therein;(b) for all or any of the purposes aforesaid authorise any person toenter upon or into any land or building in the possession of anyother party to such suit; or(c) for all or any of the purposes aforesaid authorise any samples tobe taken, or any observation to be made, or experiment to be tried,which may seem necessary or expedient for the purpose of obtainingfull information or evidence.(2) The provisions as to execution of process shall apply mutatis mutandisto persons authorised to enter under this rule.[Order 40, rule 11.]Deposit ofmoney and otherdeliverables.11. Where the subject-matter of a suit is money or some other thingcapable of delivery, and any party thereto admits that he holds such money orother thing as a trustee for another party, or that it belongs or is due to anotherparty, the court may order the same to be deposited in court or delivered tosuch last named party, with or without security, subject to the further directionof the court.ORDER 41APPOINTMENT OF RECEIVERS[Order 41, rule 1.]Appointment ofreceivers.1. (1) Where it appears to the court to be just and convenient, the courtmay by order—(a) appoint a receiver of any property, whether before or after decree;(b) remove any person from the possession or custody of the property;(c) commit the same to the possession, custody or management ofthe receiver; and(d) confer upon the receiver all such powers as to bringing anddefending suits and for the realisation, management, protection,preservation, and improvement of the property, the collection of
Rev. 2010] Civil Procedure CAP. 21 175[Subsidiary](2) Nothing in this rule shall authorise the court to remove from thepossession or custody of any person property whom any party to the suit hasnot a present right so to remove.as remuneration for the services of the receiver.3. Every receiver so appointed shall—(afor what he shall receive in respect of the property;[Order 41, rule 2.]Remuneration.[Order 41, rule 3.]Duties.(b) submit his accounts at such periods and in such form as the courtdirects;(c) pay the amount due from him as the court directs; and(d) be responsible for any loss occasioned to the property by his wilfuldefault or gross negligence.4. Where a receiver—(a) fails to submit his accounts at such periods and in such form asthe court directs; or[Order 41, rule 4.]Enforcement ofreceiver’s duties.(b) fails to pay the amount due from him as the court directs; or(c) occasions loss to the property by his wilful default or grossnegligence,the court may direct his property to be attached, and may sell such property, andmay apply the proceeds to make good any amount found to be due from him, orany loss occasioned by him, and shall pay the balance (if any) to the receiver.5. The court may either on its own motion or on application by anyinterested party, remove a receiver appointed pursuant to this order on such[Order 41, rule 5.]Removal.ORDER 42APPEALS1. (1) Every appeal to the High Court shall be in the form of amemorandum of appeal signed in the same manner as a pleading.[Order 42, rule 1.]Form of appeal.(2) The memorandum of appeal shall set forth concisely and under distinct
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