the civil procedure act - Kenya Law Reports

20 CAP. 21 Civil Procedure[Rev. 2010(2) All persons disobeying or obstructing the execution of thedecree shall be punishable by such court in the same manner as if ithad passed the decree; and its order in executing such decree shall besubject to the same rules in respect of appeal as if the decree had beenpassed by itself.Questions to be Determined by Court Executing DecreeQuestions to bedetermined by courtexecuting decree.34. (1) All questions arising between the parties to the suit inwhich the decree was passed, or their representatives, and relating to theexecution, discharge or satisfaction of the decree, shall be determinedby the court executing the decree and not by a separate suit.(2) The court may, subject to any objection as to limitation orjurisdiction, treat a proceeding under this section as a suit, or a suit asa proceeding, and may, if necessary, order payment of any additionalcourt fees.(3) Where a question arises as to whether any person is or is notthe representative of a party, such question shall, for the purposes ofthis section, be determined by the court.Explanation.—For the purposes of this section, a plaintiff whosesuit has been dismissed, and a defendant against whom a suit has beendismissed, are parties to the suit.35. (Repealed by 21 of 1968, Sch.).Transferees and Legal RepresentativesTransferee of decree.Legalrepresentative.36. Every transferee of a decree shall hold the same subject to theequities, if any, which the judgment-debtor might have enforced againstthe original decree-holder.37. (1) Where a judgment-debtor dies before the decree has beenpassed it to execute the same against the legal representative of suchdeceased, or against any person who has intermeddled with the estateof such deceased.(2) Where the decree is executed against such legal representative,or against any person as aforesaid, he shall be liable only to the extentof the property of the deceased which has come to his hands and hasnot been duly disposed of; and, for the purpose of ascertaining suchliability the court executing the decree may, of its own motion or onthe application of the decree-holder, compel such legal representative