Essay on civil procedure:

1625 Words Nov 15th, 2014 7 Pages
Execution is the process of realizing the fruits of the judgment by enforcing the decree against the unsuccessful party through any one or more of various modes of execution as prescribed by law. The successful party is called a decree holder or judgment creditor while an unsuccessful party is called a judgment debtor. A decree is executed by the court which passes it or by court which the decree is sent by former execution.
The court that passes the decree is entitled to determine any question relating to execution, discharge, satisfaction, of the decree that should arise and not by separate suit. In Kabwengure v Charles Kanjabi [1977] HCN 89 it was held that all the questions relating execution including
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If compliance is meet the court may make order for execution under O19r14 by issuing a warrant bearing the court’s name.
In other cases the court before issuing an order of execution, is required to secure a notice against which execution is sought to show because why the decree should not be executed against him. This is usually made where the application for execution is made in more than one year after the date of the decree or where the execution is to be made against a legal representative of a party to the decree.
In Peter Gukiina v Paul Kawanga ,(1991) it was held that it was mandatory under that where the application for execution is made after expiration of more than one year, the court executing the decree must issue a notice to the person against whom execution is applied requiring him to `show cause why execution should not issue.
After the decree holder files an application for an execution order, the executing court can enforce execution. All money payable under a decree or order shall be paid as follows, namely -
(a) Into the court whose duty it is to execute the decree;
(b) Direct to the decree-holder; or
(c) Otherwise as the court which made the decree directs. The decree may be enforced by
1. delivery of the property specified in the decree
2. attachment and sale
3. sale without attachment of the

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