Civil Procedure Act Cap 21 in Kenya

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Search Results...

112 sections

• Section 30 of Civil Procedure Act CAP 21: Court by which decree may be executed
  

  A decree may be executed either by the court which passed it or by the court to which it is sent for execution.

  
  
• Section 31 of Civil Procedure Act CAP 21: Transfer of decree
  

  (1) The court which passed a decree may, on the application of the decreeholder, send it for execution to another court— (a) if the person against whom the decree is passed actually and voluntarily resides or carries on business, or personally works for gain, within the local limits of the...

  
  
• Section 32 of Civil Procedure Act CAP 21: Result of execution proceedings to be certified
  

  The court to which a decree is sent for execution shall certify to the court which passed it the fact of such execution, or where the former court fails to execute the same the circumstances attending such failure.

  
  
• Section 33 of Civil Procedure Act CAP 21: Powers of court in executing transferred decree
  

  (1) The court executing a decree sent to it shall have the same powers in executing such decree as if it had been passed by itself. (2) All persons disobeying or obstructing the execution of the decree shall be punishable by such court in the same manner as if it had passed the decree; and its...

  
  
• Section 34 of Civil Procedure Act CAP 21: Questions to be determined by court executing decree
  

  (1) All questions arising between the parties to the suit in which the decree was passed, or their representatives, and relating to the execution, discharge or satisfaction of the decree, shall be determined by the court executing the decree and not by a separate suit. (2) The court may, subject...

  
  
• Section 36 of Civil Procedure Act CAP 21: Transferee of decree
  

  Every transferee of a decree shall hold the same subject to the equities, if any, which the judgment-debtor might have enforced against the original decreeholder.

  
  
• Section 37 of Civil Procedure Act CAP 21: Legal representative
  

  (1) Where a judgment-debtor dies before the decree has been fully satisfied, the holder of the decree may apply to the court which passed it to execute the same against the legal representative of such deceased, or against any person who has intermeddled with the estate of such deceased. (2) Where...

  
  
• Section 38 of Civil Procedure Act CAP 21: Powers of court to enforce execution
  

  Subject to such conditions and limitations as may be prescribed, the court may, on the application of the decree-holder, order execution of the decree— (a) by delivery of any property specifically decreed; (b) by attachment and sale, or by sale without attachment, of any property; (c) by...

  
  
• Section 39 of Civil Procedure Act CAP 21: Enforcement of decree against legal representative
  

  (1) Where a decree is passed against a party as the legal representative of a deceased person, and the decree is for the payment of money out of the property of the deceased, it may be executed by the attachment and sale of any such property. (2) Where no such property remains in the possession of...

  
  
• Section 40 of Civil Procedure Act CAP 21: Arrest and detention
  

  (1) A judgment-debtor may be arrested in execution of a decree at any hour and on any day, and shall as soon as practicable be brought before the court, and his detention may be in any prison of the district in which the court ordering the detention is situate, or, if such prison does not afford...

  
  
• Section 41 of Civil Procedure Act CAP 21: Subsistence allowances
  

  The Minister may, by notice in the Gazette, fix scales of monthly allowances payable for the subsistence of a judgment-debtor.

  
  
• Section 42 of Civil Procedure Act CAP 21: Detention and release
  

  (1) Every person detained in prison in execution of a decree shall be so detained— (a) where the decree is for the payment of a sum of money exceeding one hundred shillings, for a period not exceeding six months; and (b) in any other case, for a period not exceeding six weeks: Provided that...

  
  
• Section 43 of Civil Procedure Act CAP 21: Release on ground of illness
  

  (1) At any time after a warrant for the arrest of a judgment-debtor has been issued, the court may cancel it on the ground of his serious illness. (2) Where a judgment-debtor has been arrested, the court may release him if in its opinion he is not in a fit state of health to be detained in prison....

  
  
• Section 44 of Civil Procedure Act CAP 21: Property liable to attachment and sale in execution of a decree
  

  (1) All property belonging to a judgment debtor, including property over which or over the profits of which he has a disposing power which he may exercise for his own benefit, whether that property is held in his name or in the name of another but on his behalf, shall be liable to attachment and...

  
  
• Section 45 of Civil Procedure Act CAP 21: Seizure of property in dwelling-house
  

  (1) No person in executing any process under this Act directing or authorizing seizure of movable property shall enter any dwelling-house after sunset and before sunrise. (2) No outer door of a dwelling-house shall be broken open unless such dwelling-house is in the occupancy of the...

  
  
• Section 46 of Civil Procedure Act CAP 21: Property attached in execution of decrees of several courts
  

  (1) Where property not in the custody of a court is under attachment in execution of decrees of more courts than one, the court which shall receive and realize that property and shall determine any claim thereto and any objection to the attachment thereof shall be the court of the highest grade, or,...

  
  
• Section 47 of Civil Procedure Act CAP 21: Private alienation of property after attachment to be void
  

  Where an attachment has been made, any private transfer or delivery of the property attached or of any interest therein, and any payment to the judgmentdebtor of any debt, dividend or other moneys contrary to such attachment, shall be void as against all claims enforceable under the attachment.

  
  
• Section 48 of Civil Procedure Act CAP 21: Purchaser’s title
  

  Where immovable property is sold in execution of a decree and the sale has become absolute, the property shall be deemed to have vested in the purchaser from the time when the property is sold and not from the time when the sale becomes absolute.

  
  
• Section 49 of Civil Procedure Act CAP 21: Suit against purchaser not maintainable on ground of purchase being on behalf of plaintiff
  

  (1) No suit shall be maintained against any person claiming title under a purchase certified by the court in such manner as may be prescribed on the ground that the purchase was made on behalf of the plaintiff or on behalf of someone through whom the plaintiff claims. (2) Nothing in this section...

  
  
• Section 50 of Civil Procedure Act CAP 21: Distribution of assets
  

  (1) Where assets are held by any court and more persons than one have before the receipt of such assets by such court lodged applications in court for the execution of decrees for the payment of money issued against the same judgment-debtor and have not obtained satisfaction thereof, the assets,...

  
  
• Section 51 of Civil Procedure Act CAP 21: Resistance to execution
  

  Where the court is satisfied that the holder of a decree for the possession of immovable property, or that the purchaser of immovable property sold in execution of a decree, has been resisted or obstructed in obtaining possession of the property by the judgment-debtor or some other person on his...

  
  
• Section 52 of Civil Procedure Act CAP 21: Power of court to issue commission
  

  Subject to such conditions and limitations as may be prescribed, the court may issue a commission— (a) to examine any person; (b) to make a local investigation; (c) to examine or adjust accounts; or (d) to make a partition.

  
  
• Section 53 of Civil Procedure Act CAP 21: Commission to another court
  

  (1) A commission for the examination of any person may be issued by the High Court to any subordinate court or to any advocate, and by a subordinate court of the first or second class to any other subordinate court situate in a district other than the district in which the court of issue is situate...

  
  
• Section 54 of Civil Procedure Act CAP 21: Letter of request
  

  In lieu of issuing a commission, the High Court or a subordinate court with the sanction of the High Court may issue a letter of request to examine a witness residing at any place outside Kenya.

  
  
• Section 55 of Civil Procedure Act CAP 21: Commission issued by foreign court
  

  Commissions issued by foreign courts for the examination of persons in Kenya shall be executed and returned in such manner as may be from time to time authorized by the High Court.

  
  
• Section 56 of Civil Procedure Act CAP 21: When alien may sue
  

  (1) Alien enemies residing in Kenya with the permission of the President, and alien friends, may sue in the courts of Kenya. (2) No alien enemy residing in Kenya without such permission, or residing in a foreign country, shall sue in any of such courts. Explanation.—Every person residing in a...

  
  
• Section 57 of Civil Procedure Act CAP 21: When foreign state may sue
  

  (1) A foreign state may sue in any court of Kenya, provided that state has been recognized by Kenya, and provided the object of the suit is to enforce a private right vested in the head of that state or in any officer of that state in his public capacity. (2) Every court shall take judicial notice...

  
  
• Section 58 of Civil Procedure Act CAP 21: When interpleader suit may be instituted
  

  Where two or more persons claim adversely to one another the same debt, sum of money or other property, movable or immovable, from another person, who claims no interest therein other than for charges or costs and who is ready to pay or deliver it to the rightful claimant, such other person may...

  
  
• Section 59 of Civil Procedure Act CAP 21: Arbitration
  

  All references to arbitration by an order in a suit, and all proceedings thereunder, shall be governed in such manner as may be prescribed by rules.

  
  
• Section 59A of Civil Procedure Act CAP 21: Establishment of Mediation Accreditation Committee
  

  (1) There shall be a Mediation Accreditation Committee which shall be appointed by the Chief Justice. (2) The Mediation Accreditation Committee shall consist of— (a) the chairman of the Rules Committee; (b) one member nominated by the Attorney-General; (c) two members nominated by the Law...