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the civil procedure act - Kenya Law Reports

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Rev. 2010] Civil Procedure CAP. 21 25any; and(btools, utensils, plant and machinery used in connectionwith stock or dairy farming or in <strong>the</strong> production of cropsor plants; and(c produce necessary to enable him to earn his livelihood;(iv) books of accounts;(v) a right to sue in damages;(vi) a right of personal service;(vii) stipends and gratuities allowed to pensioners of <strong>the</strong>Government, or payable out of a service family pensionpensions;in employment;(ix) a contingent or possible right or interest, including anexpectancy of succession by survivorship;(x) a right of future maintenance;(xi) any fund or allowance declared by law to be exempt fromattachment and sale in execution of a decree.(2) Nothing in this section shall affect <strong>the</strong> provisions of <strong>the</strong> ArmedForces Act or of any similar law for <strong>the</strong> time being in force.45. (1) No person in executing any process under this Act directingor authorizing seizure of movable property shall enter any dwellinghouseafter sunset and before sunrise.Cap.199.Seizure of property indwelling-house.(2) No outer door of a dwelling-house shall be broken open unlesssuch dwelling-house is in <strong>the</strong> occupancy of <strong>the</strong> judgment-debtor andhe refuses or in any way prevents access <strong>the</strong>reto; but when <strong>the</strong> personexecuting <strong>the</strong> process has duly gained access to any dwelling-house hemay break open <strong>the</strong> door of any room in which he has reason to believeany such property to be.(3) Where a room in a dwelling-house is in <strong>the</strong> <strong>act</strong>ual occupancy

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