Civil Procedure Rules

12. Application for execution by transferee of decree [Order 22, rule 12]

Edition: 2022-12-31 · In force

12. Application for execution by transferee of decree [Order 22, rule 12]

Where a decree or, if a decree has been passed jointly in favour of two or more persons, the interest of any decree-holder in the decree is transferred by assignment in writing or by operation of law, the transferee may apply for execution of the decree to the court which passed it; and the decree may be executed in the same manner and subject to the same conditions as if the application were made by such decree-holder:Provided that—

(a)where the decree, or such interest as aforesaid, has been transferred by assignment, notice of such application shall be given to the transferor and the judgment-debtor, and the decree shall not be executed until the court has heard their objections, if any, to its execution; or

(b)where a decree for the payment of money against two or more persons has been transferred to one of them, it shall not be executed against the others.

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Source: Kenya Law