The application dated 12.05.2023 seeks leave to appeal against the decision delivered on 02.05.2023 and for directions on payment of auctioneers charges. I have heard the parties submissions on the application and I take the following view of the matter.
The court will not grant leave if there is no prospect of success of the appeal. Having considered the issues raised by the Respondent, I am not convinced that the intended appeal lacks any prospects of success.
I grant the Respondent leave to appeal against the decision of 02.05.2023. Since the issue of auctioneers costs is affected by the intended appeal, it shall be dealt with upon determination of the intended appeal.
Costs in the appeal.
DATED and DELIVERED at NAIROBI this 12th day of JUNE 2023
D. S. MAJANJA
JUGDE