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Property not liable to attachment and sale in execution of a decree.

 


Section 48(2) of the Civil Procedure Code Cap 33 R.E 2019

(a) the necessary wearing-apparel, cooking vessels, beds and bedding of the judgment debtor, his wife and children, and such personal ornaments as, in accordance with religious usage, cannot be parted with by any woman;

(b) tools of artisans, and, where the judgment debtor is an agriculturist, his implements of husbandry and such cattle and seed-grain as may, in the opinion of the court, be necessary to enable him to earn his livelihood as such;

(c) houses and other buildings (with the materials and the sites thereof and the land immediately appurtenant thereto and necessary for their enjoyment) belonging to an agriculturist and occupied by him;

(d) any land used for agricultural purposes by a village, an Ujamaa Village, a co-operative society, or an individual whose livelihood is wholly dependent upon the use of such land;

(e) any residential house or building, or part of a house or building occupied by the judgment debtor, his wife and dependant children for residential purposes;

(f) books of account;

(g) a mere right to sue for damages;

(h) the salary of an employee to the extent of-

(i) the whole of the salary where it does not exceed one hundred and fifty shillings monthly;

(ii) one hundred and fifty shillings monthly where the salary exceeds one hundred and fifty shillings and does not exceed two hundred and fifty shillings and does not exceed two hundred and twenty-five shillings monthly; or

(iii) two-thirds of the salary in any other case;

(i) the expense allowances of any employees;

(j) an expectancy of succession by survivorship or other merely contingent or possible right or interest;

(k) a right to future maintenance; or

(l) any other property declared by any written law not to be liable to attachment.

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