the civil procedure act - Kenya Law Reports

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26 CAP. 21 Civil Procedure[Rev. 2010of a woman who, according to the custom of the country, does notappear in public, the person executing the process shall give noticeto the woman that she is at liberty to withdraw; and after allowingreasonable time for her to withdraw and giving her reasonable facilityfor withdrawing, he may enter the room for the purpose of seizing theproperty, using at the same time every precaution consistent with theseprovisions to prevent its clandestine removal.Property attached inexecution of decreesof several courts.46. (1) Where property not in the custody of a court is underattachment in execution of decrees of more courts than one, the courtwhich shall receive and realize that property and shall determine anyclaim thereto and any objection to the attachment thereof shall be thecourt of the highest grade, or, where there is no difference in gradebetween the courts, the court under whose decree the property was(2) Nothing in this section shall invalidate any proceeding takenby a court executing one of the decrees.Private alienationof property afterattachment to bevoid.47. Where an attachment has been made, any private transferor delivery of the property attached or of any interest therein, andany payment to the judgment-debtor of any debt, dividend or othermoneys contrary to such attachment, shall be void as against all claimsenforceable under the attachment.SalePurchaser’s title.Suit againstpurchaser notmaintainable onground of purchasebeing on behalf ofplaintiff.48. Where immovable property is sold in execution of a decreeand the sale has become absolute, the property shall be deemed to havevested in the purchaser from the time when the property is sold and notfrom the time when the sale becomes absolute.49. (1) No suit shall be maintained against any person claimingprescribed on the ground that the purchase was made on behalf of theplaintiff or on behalf of someone through whom the plaintiff claims.(2) Nothing in this section shall bar a suit to obtain a declarationinterfere with the right of a third person to proceed against that property,is liable to satisfy a claim of such third person against the real owner.Distribution of AssetsDistribution of assets.50. (1) Where assets are held by any court and more persons
Rev. 2010] Civil Procedure CAP. 21 27than one have before the receipt of such assets by such court lodgedapplications in court for the execution of decrees for the payment ofmoney issued against the same judgment-debtor and have not obtainedsatisfaction thereof, the assets, after deducting the costs of realization,shall be distributed amongst such decree-holders in accordance withthe priorities of the lodging of their several applications:Provided that, where any property is sold subject to a mortgageor charge, the mortgagee or encumbrancer shall not be entitled to sharein any surplus arising from the sale.(2) Every application for execution of a decree shall, at the timeof the court, with a note of the day upon which and the hour at whichsuch lodgment has been effected.(3) Nothing in this section shall affect any right of the Government.Resistance to Execution51.possession of immovable property, or that the purchaser of immovableproperty sold in execution of a decree, has been resisted or obstructedin obtaining possession of the property by the judgment-debtor or someother person on his behalf, and that such resistance or obstruction waswithout any just cause, the court may, at the instance of the decreeholderor purchaser, order the judgment-debtor or such other personto be detained in prison for a term which may extend to thirty days,and may further direct that the decree-holder or purchaser be put inpossession of the property.Resistance toexecution.PART IV—INCIDENTAL PROCEEDINGSCommissions52. Subject to such conditions and limitations as may beprescribed, the court may issue a commission—Power of court toissue commission.(a) to examine any person;(b) to make a local investigation;(c) to examine or adjust accounts; or(d) to make a partition.53. (1) A commission for the examination of any person may beCommission toanother court.
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