civil procedure:

Topics: Capital punishment, Real estate, Civil procedure Pages: 4 (1631 words) Published: November 21, 2014
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 discharging the execution decree have to be determined by the court executing the decree and not by the separate suit. In Ombeva vs. Kimani , CCS No 1033 of 1976 it was held that execution cannot issue against a non-party to the suit where Kimani, an assistant, was served and compelled to pay. The decree must be executed within 12 years of its date. There are exceptions where that time can be extended, if the judgment creditor has been persuaded by fraud or by force. A decree is can be transferred or assigned. The transferee holds the decree subject to equities which the judgment debtor may have enforced against the original decree holder. A judgment debtor does not cease to be liable on a decree merely by death; a decree remains enforceable to its full extent against the deceased’s legal representative, executor or administrator of the estate or against the intermediater. This is captured in order 13 rule 83 where if the court justifies that the resistance or obstruction was occasioned without any just cause by the judgment-debtor, or by some other person at his instigation, it shall direct that the applicant be put into possession of the property, and, where the applicant is still resisted or obstructed in obtaining...
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