Methods of executing court decrees.

Introduction.

Upon successful litigation, you can always enjoy the fruits of your judgment. The process starts by extracting a decree from the judgment given which is there after executed.

Section 2 of the Civil Procedure Act, defines a decree as the formal, written expression of an adjudication that conclusively determines the rights of parties regarding matters in dispute. It is extracted from a judgment, outlining the specific relief granted or liability determined. It is the court’s final answer to a dispute, written in a form that can be enforced.

Execution is the process of enforcing a court’s decision so that the successful party actually gets what the court awarded. It covers the legal process by which a court compels compliance with its judgment and decree. The several modes of executing a court decree as provided for under Section 38 of the Civil Procedure Act include:-

1. Delivery of any property specifically decreed. It’s applicable where the decree orders the transfer or return of specific property, either movable or immovable to the decree holder.
2. Attachment and sale. Involves seizing the judgment debtor’s movable or immovable property, followed by sale through public auction to satisfy the decree.
3. Sale without attachment, of any property. Property is sold directly without prior formal attachment. It’s mostly applied where property is already under court custody or control.
4. Garnishee proceedings/Attachment of debts. Involves attaching funds belonging to the debtor held by a third party, such as a bank or employer (garnishee) to satisfy the debt. A third party (the garnishee), such as a bank or employer, is ordered to pay money belonging to the judgment debtor directly to the decree-holder.
5. Arrest and committal to civil jail. Involves issuance of court orders for the arrest and imprisonment of the judgment debtor for non-payment of the debt. Generally, a person can only be held in civil jail for a period of six (6) months.
6. Appointing a receiver. Entails the court appointing a person to manage the debtor's property, assets, or income to satisfy the debt. The receiver collects income (e.g., rent, profits) and applies it towards settling the decree.
7. Attachment of Salary: Specifically targets the income of the debtor who is employed under monthly salary terms. The salary of the judgment debtor is directed to the decree holder’s account until the decreed amount is fully settled.

At Siyasa and Company Advocates, we offer expertise and professional legal services to our clients to assist them in enjoying the fruits of their long time litigation by guiding on execution process. We have a seasoned, competent and esteemed team ready to serve you diligently. Conduct us for further advise.

Disclaimer: “This article is for informational purposes only and does not constitute legal advice. For inquiries, please contact Siyasa and Company Advocates.”

-Contributed by-

-Francis Kitheka-