Order 22, rule 43 of Civil Procedure Rules : Attachment of partnership property
(1) Save as otherwise provided by this rule, property belonging to a partnership shall not be attached or sold in execution of a decree other than a decree passed against the firm or against the partners in the firm as such.
(2) The court may, on the application of the holder of a decree against a partner, make an order charging the interest of such partner in the partnership property and profits with payment of the amount due under the decree, and may, by the same or a subsequent order, appoint a receiver of the share of such partner in the profits (whether already declared or accruing), and of any other money which may be coming to him in respect of the partnership, and direct accounts and inquiries and make an order for the sale of such interest or other orders as might have been directed or made if a charge had been made in favour of the decree-holder by such partner, or as the circumstances of the case may require. Applications under this subrule shall be in accordance with the provisions of section 27 of the Partnership Act (Cap. 29).
(3) The other partner or partners shall be at liberty at any time to redeem the interest charged, or, in the case of a sale being directed, to purchase the same.
(4) Every application for an order under subrule (2) shall be served on the judgment debtor and on his partners or such of them as are within Kenya.
(5) Every application made by any partner of the judgment-debtor under subrule (3) shall be served on the decree-holder and on the judgment-debtor, and on such of the other partners as do not join in the application and as are within Kenya.
(6) Service under subrule (4) or (5) shall be deemed to be service on all the partners, and all orders made on such applications shall be similarly served.
Enhance Your Research with Bookmarks and Annotations
Here's how you can use these features:
- To bookmark this page, click the "Bookmark this Page" button below the document title.
- To add an annotation, highlight text in the document and select "Add Annotation" from the toolbar that appears.
- These features are great for organizing your research and keeping track of key information.
- You can view and manage your bookmarks and annotations on your Bookmarks and Annotations page.
- Order 22, rule 44 - Execution of decree against firm
(1) Where a decree has been passed against a firm, execution may be granted—
(a) against any property of the partnership.
(b) against any person who has appeared in his own name under rules 6...
- Order 22, rule 45 - Attachment of negotiable instrument
Where the property to be attached is a negotiable instrument not deposited in a court or in the custody of a public officer, the attachment shall be made by actual seizure, and the instrument shall be...
- Order 22, rule 46 - Attachment of property in custody of court
Where the property to be attached is in the custody of any court, the attachment shall be made by a notice to such court requesting that such property, and any interest or dividend becoming payable...
- Order 22, rule 47 - Attachment of decree
(1) Where the property to be attached is a decree, either for the payment of money or for sale in enforcement of a mortgage or charge, the attachment shall be made—
(a) if the decrees were passed...
- Order 22, rule 48 - Attachment of immovable property
(1) Where the property to be attached is immovable, the attachment shall be made by an order prohibiting the judgment-debtor from transferring or charging the property in any way, and all persons from...
- Order 22, rule 49 - Removal of attachment after satisfaction of decree
Where—
(a) the amount decreed with costs and all charges and expenses resulting from
the attachment of any property are paid into court, or satisfaction of the decree is otherwise made through the...
- Order 22, rule 50 - Determination of attachment
Where any property has been attached in execution of a decree, but by reason of the decree-holder’s default the court is unable to proceed further with the application for execution, it shall either...
- Order 22, rule 51 - Objection to attachment
(1) Any person claiming to be entitled to or to have a legal or equitable interest in the whole of or part of any property attached in execution of a decree may at any time prior to payment out of the...
- Order 22, rule 52 - Stay of execution
Upon receipt of a valid notice and application as provided under rule 51, the court may order a stay of the execution for not more than fourteen days and shall call upon the attaching creditor by...
- Order 22, rule 53 - Raising of attachment
Should the attaching creditor in pursuance of a notice issued under rule 52 either fail to reply to the court and the objector within the period prescribed by the notice or intimate in writing to the...
- Order 22, rule 54 - Notice of intention to proceed
If the attaching creditor proposes to proceed with the attachment pursuant to rule 52, the intimation shall be accompanied by a replying affidavit and the court shall proceed to hear the application...
- Order 22, rule 55 - Power to order property attached to be sold and proceeds to be paid to person entitled
Any court executing a decree may order that any property attached by it and liable to sale, or such portion thereof as may seem necessary to satisfy the decree, shall be sold, and that the proceeds of...
- Order 22, rule 56 - Sale, by whom conducted and how made
(1) Save as otherwise prescribed, every sale in execution of a decree shall be conducted by an officer of the court or by such other person as the court may appoint in this behalf, and shall be made...
- Order 22, rule 57 - Notification of sale by public auction
(1) Where any property is ordered to be sold by public auction in execution of a decree, the court shall cause public notice and advertisement of the intended sale to be given in such manner as the...
- Order 22, rule 58 - Time of sale
Save in the case of property of the kind described in the proviso to rule 37, no sale hereunder shall without the consent in writing of the judgment-debtor, take place until after the expiration of at...
- Order 22, rule 59 - Adjournment or stoppage of sale
(1) The court may, in its discretion, adjourn any sale hereunder to a specified day and hour, and the officer conducting any such sale may in his discretion adjourn the sale, recording his reasons for...
- Order 22, rule 60 - Defaulting purchaser answerable for loss on re-sale
Any deficiency of price which may happen on a re-sale by reason of the purchaser’s default, and all expenses attending such re-sale, shall be certified to the court by the officer or other person...
- Order 22, rule 61 - Decree-holder not to bid for or buy property without permission
(1) No holder of a decree in execution of which property is sold shall, without the express permission of the court, bid for or purchase the property.
(2) Where a decree-holder purchases with such...
- Order 22, rule 62 - Restriction on bidding or purchase by officers
No officer or other person having any duty to perform in connection with any sale shall, either directly or indirectly bid for, acquire or attempt to acquire, any interest in the property sold.
- Order 22, rule 63 - Negotiable instruments and shares in corporations
Where the property to be sold is a negotiable instrument or a share in a corporation, the court may, instead of directing the sale to be by public auction, authorise the sale of such instrument or...
- Order 22, rule 64 - Sales by public auction
(1) Where movable property is sold by public auction, the price of each lot shall be paid at the time of sale, or as soon after as the officer or other person holding the sale directs, and in default...
- Order 22, rule 65 - Irregularity not to vitiate sale, but any person injured may sue
No irregularity in publishing or conducting the sale of movable property shall vitiate the sale; but any person sustaining any injury by reason of such irregularity at the hand of any other person may...
- Order 22, rule 66 - Delivery of movable property, debts and shares
(1) Where the property sold is movable property of which actual seizure has been made, it shall be delivered to the purchaser.
(2) Where the property sold is movable property in the possession of...
- Order 22, rule 67 - Vesting order in case of other property
In the case of any movable property not hereinbefore provided for, the court may make an order vesting such property in the purchaser, or as he may direct, and such property shall vest accordingly.
- Order 22, rule 68 - Sale of immovable property
Sale of immovable property in execution of decrees may be ordered by any court.
- Order 22, rule 69 - Deposit by purchaser and re-sale on default
(1) On every sale of immovable property the person declared to be the purchaser shall pay immediately after such declaration a deposit of twenty-five per centum on the amount of his purchase- money to...
- Order 22, rule 70 - Payment of purchase-money
(1) Except as provided by rule 61, the full amount of the purchase-money shall be paid upon the delivery to the purchaser of an executed conveyance or transfer of the property.
(2) The purchase...
- Order 22, rule 71 - Procedure in default of payment
In default of payment within the period under rule 70, the deposit may, if the court thinks fit, after defraying the expenses of the sale, be forfeited and shall if forfeited be allocated towards...
- Order 22, rule 72 - Notification on re-sale
Every re-sale of immovable property, in default of payment of the purchase-money within the period allowed for such payment, shall be made after the issue of a fresh public notification in the manner...
- Order 22, rule 73 - Bid of co-sharer to have preference
Where the property sold is a share of undivided immovable property, and two or more persons, of whom one is a co-sharer, respectively bid the same sum for such property or for any lot, the bid shall...
- Order 22, rule 74 - Application to set aside sale on deposit
(1) Where immovable property has been sold in execution of a decree, any person, either owning such property or holding an interest therein by virtue of a title acquired before such sale, may apply...
- Order 22, rule 75 - Application to set aside sale on ground of irregularity or fraud
Where any immovable property has been sold in execution of a decree, the decreeholder, or any person whose interests are affected by the sale, may apply to the court to set aside the sale on the...
- Order 22, rule 76 - Application by purchaser to set aside sale on ground of judgment-debtor having no saleable interest
The purchaser at any such sale in execution of a decree may apply to the court to set aside the sale on the ground that the judgment-debtor had no saleable interest in the property sold.
- Order 22, rule 77 - Sale, when to become absolute or be set aside
(1) Where no application is made under rule 74, rule 75 or rule 76, or where such application is made and disallowed, the court shall make an order confirming the sale, and thereupon the sale shall...
- Order 22, rule 78 - Return of purchase-money in certain cases
Where a sale of immovable property is set aside under rule 75, the purchaser shall be entitled to an order for payment of his purchase-money, with or without interest as the court may direct, against...
- Order 22, rule 79 - Certificate to purchaser
Where a sale of immovable property has become absolute, the court shall grant a certificate specifying the property sold and the name of the person who at the time of sale is declared to be the...
- Order 22, rule 80 - Delivery of property in occupancy of judgment-debtor
Where the immovable property sold is in the occupancy of the judgment-debtor, or of some person on his behalf, or of some person claiming under a title created by the judgment-debtor subsequently to...
- Order 22, rule 81 - Delivery of property in occupancy of tenant
Where the property sold is in the occupancy of a tenant or other person entitled to occupy the same, and a certificate in respect thereof has been granted under rule 79, the court shall, on the...
- Order 22, rule 82 - Resistance or obstruction to possession of immovable property
(1) Where the holder of a decree for the possession of immovable property or the purchaser of any such property sold in execution of a decree is resisted or obstructed by any person in obtaining...
- Order 22, rule 83 - Resistance or obstruction by judgment-debtor
Where the court is satisfied that the resistance or obstruction was occasioned without any just cause by the judgment-debtor, or by some other person at his instigation, it shall direct that the...
- Order 22, rule 84 - Resistance or obstruction by bona fide claimant
Where the court is satisfied that the resistance or obstruction was occasioned by any person (other than the judgment-debtor) claiming in good faith to be in possession of the property on his own...
- Order 22, rule 85 - Rules not applicable to transferee pendente lite
Nothing in rule 84 shall apply to resistance or obstruction in execution of a decree for the possession of immovable property by a person to whom the judgment-debtor has transferred the property after...
- Order 22, rule 86 - Order conclusive subject to regular suit
Any party not being a judgment-debtor against whom an order is made under rule 83 or rule 84, may institute a suit to establish the right which he claims to the present possession of the property;...
- Order 23, rule 1 - Order for the attachment of debts
(1) A court may, upon the ex parte application of a decree-holder, and either before or after an oral examination of the judgment-debtor, and upon affidavit by the decree-holder or his advocate,...
- Order 23, rule 2 - Attachment of deposits
A credit in a deposit account with a bank or other financial institution shall for the purposes of this Order be a sum due or accruing and shall be attachable accordingly notwithstanding that any of...
- Order 23, rule 3 - Effect of garnishee order
Service of an order that debts due to a judgment-debtor liable under a decree shall be attached, or notice thereof to the garnishee in such manner, as the court may direct, shall bind such debts in...
- Order 23, rule 4 - Execution against garnishee
If the garnishee does not dispute the debt due or claimed to be due from him to the judgment-debtor, or, if he does not appear upon the day of hearing named in an order nisi, then the court may order...
- Order 23, rule 5 - Trial of liability of garnishee
If the garnishee disputes his liability, the court, instead of making an order that execution be levied, may order that any issue or question necessary for determining his indebtedness be tried and...
- Order 23, rule 6 - Claim of third person
Whenever in any proceedings to obtain an attachment of debts it is suggested by the garnishee that the debt sought to be attached belongs to some third person, or that any third person has a lien or...
- Order 23, rule 7 - Trial of claim of third person
After hearing the allegations of any third person under such order, as in rule 6 mentioned, or of any other person who by the same or any subsequent order the court may order to appear, or in case of...