Order 29, rule 4 of Civil Procedure Rules : Attachment of debts or appointment of a receiver
(1) No order for the attachment of debts under Order 23 or for the appointment of a receiver under Order 41 shall be made or have effect in respect of any money due or accruing or alleged to be due or accruing from the Government.
(2) In a case where it is alleged that such an order could have been obtained and would have had effect in respect of such money if it had been due or accruing from a subject the court may on the application by summons of the decree-holder make an order restraining the judgment-debtor from receiving such money and directing payment by the Government to the decree-holder or receiver; and the court may appoint a receiver for that purpose.
(3) No such order shall be made in respect of money which is subject to the provisions of any enactment prohibiting or restricting assigning or charging or taking in execution.
(4) (a) Any such summons under subrule (2) shall on the Government at least four days before the return day and, unless otherwise ordered, on the judgment-debtor or his advocate.
(b) Service on the judgment-debtor or his advocate shall be in the manner provided for such service by Order 23 rule 1, and service on the Government shall be effected by service on the Attorney-General in accordance with Order 5, rule 9.
(5) If the Government disputes liability the court may order that any issue or question necessary for determining the liability of the Government shall be tried or determined in any manner in which any issue or question in a suit may be tried or determined; and where it is suggested by the Government that the debt with reference to which the proceedings are taken belongs to some third person, or that any third person has a claim upon it, the court may order such third person to appear and state the nature and particulars of his claim upon such debt; and after hearing any such third person as aforesaid, and any other person whom by the same or any subsequent order the court may require to appear, the court may bar the claim of the third person or make such order with regard to his claim as it deems fit upon such terms, in all cases, with regard to the third person’s claim (if any) and to costs as it deems just and reasonable, and if the third person does not appear when ordered, the court may exercise any powers which it might have exercised if he had appeared.
(6) In this rule the expression “judgment-holder” means the person against whom the order for the attachment of debts or for the appointment of a receiver could have been obtained as aforesaid, and the expression “decree-holder” means the person in whose favour it could have been obtained.
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 30, rule 1 - Suing of partners in name of firm
Any two or more persons claiming or being liable as partners and carrying on business in Kenya may sue or be sued in the name of the firm (if any) in which such persons were partners at the time of...
- Order 30, rule 2 - Disclosure of partners’ names
(1) Where a suit is instituted by partners in the name of their firm, the plaintiffs or their advocate shall, on demand in writing by or on behalf of any defendant, within seven days, declare in...
- Order 30, rule 3 - Service
(1) Where persons are sued as partners in the name of their firm, the service of the summons shall be effected either—
(a) upon any one or more of the partners;
(b) at the principal place at which...
- Order 30, rule 4 - Notice in what capacity served
Where a summons is issued to a firm, and is served in the manner provided by rule 3, every person upon whom it is served shall be informed by notice in writing given at the time of such service,...
- Order 30, rule 5 - Appearance of partners
Where persons are sued as partners in the name of their firm, they shall appear individually in their own names, but all subsequent proceedings shall, nevertheless, continue in the name of the firm.
- Order 30, rule 6 - No appearance except by partners
Where a summons is served in the manner provided by rule 3, upon a person having the control or management of the partnership business, no appearance by him shall be necessary unless he is a partner...
- Order 30, rule 7 - Appearance in action against firms
(1) Any person served as a partner under rule 3 but who denies that he was a partner or liable as such at any material time may enter an appearance stating therein that he does so as “a person served...
- Order 30, rule 8 - Suits between firm and partners
This Order shall apply to suits between a firm and one or more of the partners therein, and to suits between firms having one or more partners in common; but no execution shall be issued in such suits...
- Order 30, rule 9 - Suit against persons carrying on business in name other than his own
Any person carrying on business in a name or style other than his own name may be sued in such name or style as if it were a firm name; and, so far as the nature of the case will permit, all rules...
- Order 31, rule 1 - Representation of beneficiaries in suits concerning property vested in trustees
In all suits concerning property vested in a trustee, executor or administrator, where the contention is between the persons beneficially interested in such property and a third person, the trustee,...
- Order 31, rule 2 - Joinder of trustees, executors and administrators
Where there are several trustees, executors or administrators, they shall all be made parties to a suit against one or more of them:
Provided that the executors who have not proved their testator’s...
- Order 32, rule 1 - Minor to sue by next friend
(1) Every suit by a minor shall be instituted in his name by a person who in such suit shall be called the next friend of the minor.
(2) Before the name of any person shall be used in any action as...
- Order 32, rule 2 - Where suit is instituted without next friend
(1) Where a suit is instituted by or on behalf of a minor without a next friend the defendant may apply to have the suit dismissed with costs to be paid by the advocate or other person by whom it was...
- Order 32, rule 3 - Guardian ad litem
(1) Where the defendant is a minor, the court, on being satisfied of the fact of his minority, shall appoint a proper person to be guardian ad litem of such minor.
(2) An order for the appointment...
- Order 32, rule 4 - Who may act as next friend or be appointed guardian for the suit
(1) Any person who is of sound mind and has attained majority may act as next friend of a minor or as his guardian ad litem:
Provided that the interest of such person is not adverse to that of the...
- Order 32, rule 5 - Representation of minor by next friend or guardian for the suit
(1) Every application to the court on behalf of a minor, other than an application under rule 10(2), shall be made by his next friend or by his guardian ad litem.
(2) Every order made in a suit or...
- Order 32, rule 6 - Receipt of properties or money on behalf of minor
(1) A next friend or guardian ad litem shall not, without the leave of the court, receive any money or other movable property on behalf of a minor, either— (a) by way of compromise before decree or...
- Order 32, rule 7 - Agreement or compromise of suit on behalf of minor
(1) No next friend or guardian ad litem shall, without the leave of the court expressly recorded in the proceedings, enter into any agreement or compromise on behalf of a minor with reference to the...
- Order 32, rule 8 - Retirement of next friend
(1) Unless otherwise ordered by the court, a next friend shall not retire without first procuring a fit person to be put in his place and giving security for the costs already incurred.
(2) The...
- Order 32, rule 9 - Removal of next friend
(1) Where the interest of the next friend of a minor is adverse to that of the minor, or where he is so connected with a defendant whose interest is adverse to that of the minor as to make it unlikely...
- Order 32, rule 10 - Stay of proceedings
(1) On the retirement, removal or death of the next friend of a minor, further proceedings shall be stayed until the appointment of a next friend in his place.
(2) Where the advocate of such a minor...
- Order 32, rule 11 - Retirement, removal, or death of guardian ad litem
(1) Where the guardian ad litem desires to retire or does not do his duty, or where other sufficient ground is made to appear, the court may permit such guardian to retire or may remove him, and may...
- Order 32, rule 12 - Procedure where minor attains majority
(1) A minor plaintiff or a minor not a party to a suit on whose behalf an application is pending shall, on attaining majority, elect whether he will proceed with the suit or application.
(2) Where...
- Order 32, rule 13 - Where minor co-plaintiff attaining majority desires to repudiate suit
(1) Where a minor co-plaintiff on attaining majority desires to repudiate the suit, he shall apply to have his name struck out as co-plaintiff; and the court, if it finds that he is not a necessary...
- Order 32, rule 14 - Unreasonable or improper suit
(1) A minor on attaining majority may, if a sole plaintiff, apply that a suit instituted in his name by a next friend be dismissed on the ground that it was unreasonable or improper.
(2) Notice of...
- Order 32, rule 15 - Application of rules to persons of unsound mind
The provisions contained in rules 1 to 14, so far as they are applicable, shall extend to persons adjudged to be of unsound mind, and to persons who though not so adjudged are found by the court on...
- Order 33, rule 1 - Suits may be instituted by a pauper
(1) Subject to the following rules, any suit may be instituted by a pauper.
(2) For the purposes of this Order a person is a “pauper” when he is not possessed of sufficient means to enable him to...
- Order 33, rule 2 - Contents of application
Every application for permission to sue as a pauper shall contain the particulars required in regard pleadings, together with a statement that the pauper is unable to pay the fee prescribed in such...
- Order 33, rule 3 - Presentation of application
Notwithstanding anything contained in these Rules, the application shall be presented to the court by the applicant in person unless the applicant is exempted from appearance in court by section 82 of...
- Order 33, rule 4 - Examination of applicant
Where the application is in proper form and duly presented the court may, if it deems fit, examine the applicant or his agent, when the applicant is allowed to appear by agent, regarding the merits of...
- Order 33, rule 5 - Rejection of application
The court shall reject an application for permission to sue as a pauper—
(a) where it is not framed and presented in the manner prescribed in rules 2 and 3;
(b) where the applicant is not a...
- Order 33, rule 6 - Notice of day for receiving evidence of applicant’s pauperism
Where the court sees no reason to reject the application on any of the grounds stated in rule 5, it shall fix a day (of which at least ten days’ clear notice shall be given to the opposite party) for...
- Order 33, rule 7 - Procedure at hearing
(1) On the day so fixed or as soon thereafter as may be convenient, the court shall examine the witnesses (if any) produced by either party, and may examine the applicant or his agent, and shall make...
- Order 33, rule 8 - Procedure if application admitted
Where the application is granted, it shall be deemed the pleading in the suit, and the suit shall proceed in all other respects as a suit instituted in the ordinary manner except that the plaintiff...
- Order 33, rule 9 - Dispaupering
The court may, on the application of the defendant, of which seven days’ clear notice in writing has been given to the plaintiff, order the plaintiff to be dispaupered—
(a) if he is guilty of...
- Order 33, rule 10 - Costs where pauper succeeds
Where the plaintiff succeeds in the suit, the court shall calculate the amount of the court fees which would have been paid by the plaintiff if he had not been permitted to sue as a pauper; such...
- Order 33, rule 11 - Procedure where pauper fails
Where the plaintiff fails in the suit or is dispaupered or where the suit is withdrawn or dismissed because the plaintiff does not appear when the suit is called on for hearing, the court shall order...
- Order 33, rule 12 - Government may apply for payment of court fees
The Government shall have the right at any time to apply to the court to make an order for the payment of court fees under rule 10 or rule 11.
- Order 33, rule 13 - Government to be deemed a party
All matters arising between the Government and any party to the suit under rule 10, rule 11 or rule 12 shall be deemed to be questions arising between the parties to the suit within the meaning of...
- Order 33, rule 14 - Refusal to allow applicant to sue as pauper to bar subsequent application of like nature
An order refusing to allow the applicant to sue as a pauper shall be a bar to any subsequent application of the like nature by him in respect of the same right to sue; but the applicant shall be at...
- Order 33, rule 15 - Costs
The costs of an application for permission to sue as a pauper and of an inquiry into pauperism shall be costs in the suit.
- Order 33, rule 16 - Court fees
(1) If any defendant alleges that he is unable to pay court fees the registrar, upon application being made for that purpose, shall inquire into the question of his poverty and, if he is satisfied on...
- Order 33, rule 17 - Recovery of court fees from pauper
In the event of a pauper plaintiff or defendant succeeding in any suit which results in a decree or order for payment to him of any sum of money from the other side, whether by way of costs or...
- Order 33, rule 18 - Procedure
Applications under this Order shall be in writing addressed to the court.
- Order 34, rule 1 - Practice under this Order
An application for relief under this Order shall be made by originating summons unless made in a pending suit in which case it shall be made by summons in the suit.
- Order 34, rule 2 - Averments to be proved by applicant
In every suit of or application by way of interpleader the applicant shall satisfy the court by way of affidavit or otherwise—
(a) that the applicant claims no interest in the subject-matter in...
- Order 34, rule 3 - Stay of suit
If the application is made by a defendant in a suit the court may stay all further proceedings in the suit.
- Order 34, rule 4 - Order upon summons
If the claimants appear in pursuance of the summons, the court may order either that any claimant be made a defendant in any suit already commenced in respect of the subject-matter in dispute in lieu...
- Order 34, rule 5 - Summary procedure
The court may, with the consent of both claimants, or on the request of any claimant, if, having regard to the value of the subject-matter in dispute, it seems desirable to do so, dispose of the...
- Order 34, rule 6 - Costs and other orders
The court may make all such orders as are just and reasonable as to costs and all other matters including, where appropriate, orders for the sale or disposal of the subjectmatter of the dispute, and...