ADVOKS GLOBAL · KENYA
Civil Procedure Rules
74. Application to set aside sale on deposit [Order 22, rule 74]
Edition: 2022-12-31 · In force
74. Application to set aside sale on deposit [Order 22, rule 74]
(1)Where immovable property has been sold in execution of a decree, any person, either owning such property or holding an interest therein by virtue of a title acquired before such sale, may apply to have the sale set aside on his depositing in court—(a)for payment to the purchaser, a sum equal to ten per cent of the purchase-money; and(b)for payment to the decree-holder, the amount specified in the public notification of sale as that for the recovery of which the sale was ordered, less any amount which may since the date of such public notification of sale have been received by the decree-holder.(2)Where a person applies under rule 75 to set aside the sale of his immovable property, he shall not, unless he withdraws his application, be entitled to make or prosecute an application under this rule.(3)Nothing in this rule shall relieve the judgment-debtor from any liability he may be under in respect of costs and interest not covered by the public notification of sale.