Order 22, rule 74 of Civil Procedure Rules : 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 to have the sale set aside on his depositing in court—
(a) for payment to the purchaser, a sum equal to ten per cent of the purchasemoney; and
(b) for payment to the decree-holder, the amount specified in the public notification of sale as that for the recovery of which the sale was ordered, less any amount which may since the date of such public notification of sale have been received by the decree-holder.
(2) Where a person applies under rule 75 to set aside the sale of his immovable property, he shall not, unless he withdraws his application, be entitled to make or prosecute an application under this rule.
(3) Nothing in this rule shall relieve the judgment-debtor from any liability he may be under in respect of costs and interest not covered by the public notification of sale.
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- 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...
- Order 23, rule 8 - Payment by or execution on the garnishee is a valid discharge
Payment made by or execution levied upon the garnishee under any such proceeding as aforesaid shall be a valid discharge to him as against the judgment-debtor to the amount paid or levied, although...
- Order 23, rule 9 - Record of proceedings
Proceedings under this Order shall be filed upon the record of the suit in which the decree sought to be enforced was obtained.
- Order 23, rule 10 - Costs of proceedings
The costs of any application for an attachment of debts and of any proceedings arising from or incidental to such application, shall be in the discretion of the court, and the costs of the...
- Order 24, rule 1 - No abatement by party’s death if right survives
The death of a plaintiff or defendant shall not cause the suit to abate if the cause of action survives or continues.
- Order 24, rule 2 - Procedure where one of several plaintiffs or defendants dies and right to sue survives
Where there are more plaintiffs or defendants than one, and any one of them dies, and where the cause of action survives or continues to the surviving plaintiff or plaintiffs alone or against the...
- Order 24, rule 3 - Procedure in case of death of one of several plaintiffs or of sole plaintiff
(1) Where one of two or more plaintiffs dies and the cause of action does not survive or continue to the surviving plaintiff or plaintiffs alone, or a sole plaintiff or sole surviving plaintiff dies...
- Order 24, rule 4 - Procedure in case of death of one of several defendants or of sole defendant
(1) Where one of two or more defendants dies and the cause of action does not survive or continue against the surviving defendant or defendants alone, or a sole defendant or sole surviving defendant...
- Order 24, rule 5 - Determination of question as to legal representative
Where a question arises as to whether any person is or is not the legal representative of a deceased plaintiff, or a deceased defendant, such question shall be determined by the court.
- Order 24, rule 6 - When plaintiff’s bankruptcy bars suit
(1) The bankruptcy of a plaintiff in any suit which the trustee or official receiver might maintain for the benefit of his creditors shall not cause the suit to abate, unless such trustee or official...
- Order 24, rule 7 - Effect of abatement or dismissal
(1) Where a suit abates or is dismissed under this Order, no fresh suit shall be brought on the same cause of action.
(2) The plaintiff or the person claiming to be the legal representative of a...
- Order 24, rule 8 - Procedure in case of assignment before final order in suit
(1) In other cases of an assignment, creation, or devolution of any interest during the pendency of a suit, the suit may, by leave of the court, be continued by or against the person to or upon whom...
- Order 24, rule 9 - Application of Order to appeals
In the application of this Order to appeals, so far as may be, the word “plaintiff” shall be held to include an appellant, the word “defendant” a respondent, and the word “suit” an appeal.
- Order 24, rule 10 - Application of Order to execution proceedings
Nothing in rules 3, 4 and7 shall apply to proceedings in execution of a decree or order.
- Order 25, rule 1 - Withdrawal by plaintiff
At any time before the setting down of the suit for hearing the plaintiff may by notice in writing, which shall be served on all parties, wholly discontinue his suit against all or any of the...
- Order 25, rule 2 - Discontinuance
(1) Where a suit has been set down for hearing it may be discontinued, or any part of the claim withdrawn, upon the filing of a written consent signed by all the parties.
(2) Where a suit has been...
- Order 25, rule 3 - Costs
Upon request in writing by any defendant the registrar shall sign judgment for the costs of a suit which has been wholly discontinued, and any defendant may apply at the hearing for the costs of any...
- Order 25, rule 4 - Stay of subsequent suit
If any subsequent suit shall be brought before payment of the costs of a discontinued suit, upon the same, or substantially the same cause of action, the court may order a stay of such subsequent suit...
- Order 25, rule 5 - Compromise of a suit
(1) Where it is proved to the satisfaction of the court, and the court after hearing the parties directs, that a suit has been adjusted wholly or in part by any lawful agreement or compromise, or...
- Order 26, rule 1 - Security for costs
In any suit the court may order that security for the whole or any part of the costs of any defendant or third or subsequent party be given by any other party.
- Order 26, rule 2 - Application before defence
If an application for security for costs is made before a defence is filed, there shall be filed with the application an affidavit setting out the grounds of the defence together with a statement of...
- Order 26, rule 3 - Where two or more defendants
Where it appears to the court that the substantial issue is which of two or more defendants is liable or what proportion of liability two or more defendants should bear no order for security for costs...
- Order 26, rule 4 - Claims by non-resident plaintiff
In any suit brought by a person not residing in Kenya, if the claim is founded on a bill of exchange or other negotiable instrument or on a judgment or order of a foreign court, any order for security...
- Order 26, rule 5 - Effect of failure to give security
(1) If security for costs is not given within the time ordered and if the plaintiff is not permitted to withdraw the suit, the court shall, upon application, dismiss the suit.
(2) If a suit is...
- Order 26, rule 6 - Investment of security
(1) Where security by payment has been ordered, the party ordered to pay may make payment to a bank or a reputable financial institution in the joint names of himself and the defendant or in the names...
- Order 27, rule 1 - Payment into court
(1) In any suit for a debt or damages any defendant may at any time after appearance upon notice to the plaintiff pay into court a sum of money in satisfaction of the claim or (where several causes of...
- Order 27, rule 2 - Acceptance of payment
(1) Where money is paid into court under rule 1 the plaintiff may, within fourteen days of the receipt of notice thereof, or where more than one payment has been made, within fourteen days of the...
- Order 27, rule 3 - Money remaining in court
If money paid into court is not accepted in accordance with rule 2 (1) the money remaining in court shall not be paid out except by consent or in pursuance of an order of the court, which may be made...
- Order 27, rule 4 - Payment into where several defendants
(1) Money may be paid into court under rule 1 by any of several defendants sued jointly or in the alternative upon notice to the other defendants.
(2) If within fourteen days after receipt of notice...
- Order 27, rule 5 - Payment into court on a counterclaim
A plaintiff or other person made a defendant to a counterclaim may pay money into court in accordance with the provisions of this Order subject to any necessary modification.
- Order 27, rule 6 - Confidentiality of payments into court
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- Order 27, rule 7 - Register of payments to be kept
The registrar of every court shall maintain a register containing details of every payment into court made under this Order.