ADVOKS GLOBAL · KENYA
Civil Procedure Rules
7. Oral and written applications [Order 22, rule 7]
Edition: 2022-12-31 · In force
7. Oral and written applications [Order 22, rule 7]
(1)Where a decree is for the payment of money the court may, on the oral application of the decree-holder at the time of the passing of the decree, order immediate execution thereof by the arrest of the judgment-debtor, prior to the preparation of a warrant, if he is within the precincts of the court.(2)Save as otherwise provided by subrule (1) or by any other enactment or rule, every application for the execution of a decree shall be in writing, signed by the applicant or his advocate or by some other person proved to the satisfaction of the court to be acquainted with the facts of the case, and shall contain in a tabular form the following particulars—(a)the number of the suit;(b)the names of the parties;(c)the date of the decree;(d)whether any appeal has been preferred from the decree;(e)whether any, and, if any, what payment or other adjustment of the matter in controversy has been made between the parties subsequent to the decree;(f)whether any, and if any, what previous applications have been made for the execution of the decree, the dates of such applications, and their results;(g)the amount with interest, if any, due upon the decree, or other relief granted thereby, together with particulars of any cross- decree, whether passed before or after the date of the decree sought to be executed;(h)the amount of the costs, if any, awarded;(i)the name of the person against whom execution of the decree is sought; and(j)the mode in which the assistance of the court is required, whether—(i)by the delivery of any property specifically decreed;(ii)by the attachment and sale of any immovable property, or by the sale without attachment or by proclamation and sale immovable property;(iii)by the arrest and detention in prison of any person;(iv)by the appointment of a receiver;(v)otherwise, as the nature of the relief granted may require.(3)The court to which an application is made under subrule (2) may require the applicant to produce a certified copy of the decree.