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Civil Procedure Rules

13. Procedure on receiving an application for execution of decree [Order 22, rule 13]

Edition: 2022-12-31 · In force

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13. Procedure on receiving an application for execution of decree [Order 22, rule 13]

(1)On receiving an application for the execution of a decree as provided by rule 7(2), the court shall ascertain whether such of the requirements of rules 7 to 9 as may be applicable to the case have been complied with; and, if they have not been complied with, the court may reject the application, or may allow the defect to be remedied there and then or within a time to be fixed by it.
(2)Where an application is amended under subrule (1), it shall be deemed to have been an application in accordance with law and presented on the date when it was first presented.
(3)Every amendment made under this rule shall be signed and dated by a judge or registrar.
(4)When the application is admitted, the court shall, subject to the provisions hereinafter contained, order execution of the decree according to the nature of the application:Provided that in the case of a decree for the payment of money the value of the property attached shall, as nearly as may be, correspond with the amount due under the decree.
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Source: Kenya Law