Section 12 of Civil Procedure Act CAP 21: Suit to be instituted where subject matter situate

    

Subject to the pecuniary or other limitations prescribed by any law, suits—
(a) for the recovery of immovable property, with or without rent or
profits;
(b) for the partition of immovable property;
(c) for the foreclosure, sale or redemption in the case of a mortgage of or charge upon immovable property;
(d) for the determination of any other right to or interest in immovable property;
(e) for compensation for wrong to immovable property;
(f) for the recovery of movable property actually under distraint or attachment,
where the property is situate in Kenya, shall be instituted in the court within the local limits of whose jurisdiction the property is situate:
Provided that a suit to obtain relief respecting, or compensation for wrong to, immovable property held by or on behalf of the defendant may, where the relief sought can be entirely obtained through his personal obedience, be instituted either in the court within the local limits of whose jurisdiction the property is situate, or in the court within the local limits of whose jurisdiction the defendant actually and voluntarily resides or carries on business, or personally works for gain.


Disclaimer: This document is not to be taken as legal advise.

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