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Civil Procedure Rules

13. Decree for possession and mesne profits [Order 21, rule 13]

Edition: 2022-12-31 · In force

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13. Decree for possession and mesne profits [Order 21, rule 13]

(1)Where a suit is for the recovery of possession of immovable property and for rent or mesne profits, the court may pass a decree—
(a)for the possession of the property;
(b)for the rent or mesne profits which have accrued on the property during a period prior to the institution of the suit or directing an inquiry as to such rent or mesne profits;
(c)directing an inquiry as to rent or mesne profits from the institution of such suit until—
(i)the delivery of possession to the decree-holder;
(ii)the relinquishment of possession by the judgment- debtor with notice to the decree-holder through the court; or
(iii)the expiration of three years from the date of the decree, whichever event first occurs.
(2)Where an inquiry is directed under subrule (1)(b) or (1)(c), a final decree in respect of the rent and mesne profits shall be passed in accordance with the result of such inquiry.
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Source: Kenya Law