1. The Application that is before this court for determination is the one dated 29.11.25 wherein the applicant seeks for ORDERS THAT: -
1) This application be certified as urgent.
2) The total amount of Kshs. 150,000/= deposited in court as security in court be refunded to the Applicant.
3) The original logbook for motor vehicle registration number KCP 354Q deposited in court as further security be released to the Applicant.
4) The Auctioneers namely ANYONE AUCTIONEERS be compelled to refund
a total of Kshs. 180,000/= to the Applicant.
5) Costs of this application be provided for.
2. The applicant is supported by the Affidavit of MATTHEW KIPKOECH CHEPKIYENG who argues that vide a Certificate of Taxation issued by the Deputy Registrar, he and 134 others were condemned to pay a decretal sum of Kshs. 12,064,355/= to the Respondents following the determination of the main suit.
3. It is his case that after a protracted dispute and numerous applications, on 25th September 2024, the parties entered into a consent and wherein he was directed to deposit a total amount of Kshs. 150,000/= and the original logbook for motor vehicle registration number KCP 354Q as further security.
4. He was further directed to pay auctioneer’s fees of Kshs. 150,000/= as well as storage charges which he paid.
5. Subsequently a ruling was delivered in his favour as a result of which he prays that the original log book be released back to him and the money deposited be refunded to him as well.
6. He further argues that subject to the court’s ruling delivered on 19th September 2025, the court ordered that he was at liberty to demand a refund from the Auctioneers for the auctioneer’s fees as well as the storage fees and he therefore prays that Anyone Auctioneers be compelled to refund the said amount.
7. After looking at the application, this court is satisfied that the Applicant has made out a case in line with orders as granted below.
Order;
1) The total amount of Kshs. 150,000/= deposited in court as security in court be refunded to the Applicant.
2) The original logbook for motor vehicle registration number KCP 354Q deposited in court as further security be released to the Applicant.
3) The prayer that the Auctioneers namely ANYONE AUCTIONEERS be compelled to refund a total of Kshs. 180,000/= to the Applicant is disallowed.
4) Each party bears their costs.
Delivered, Dated and Signed on this 31st Day of July, 2026 at Eldoret High Court
1) This application be certified as urgent.
2) The total amount of Kshs. 150,000/= deposited in court as security in court be refunded to the Applicant.
3) The original logbook for motor vehicle registration number KCP 354Q deposited in court as further security be released to the Applicant.
4) The Auctioneers namely ANYONE AUCTIONEERS be compelled to refund
a total of Kshs. 180,000/= to the Applicant.
5) Costs of this application be provided for.
2. The applicant is supported by the Affidavit of MATTHEW KIPKOECH CHEPKIYENG who argues that vide a Certificate of Taxation issued by the Deputy Registrar, he and 134 others were condemned to pay a decretal sum of Kshs. 12,064,355/= to the Respondents following the determination of the main suit.
3. It is his case that after a protracted dispute and numerous applications, on 25th September 2024, the parties entered into a consent and wherein he was directed to deposit a total amount of Kshs. 150,000/= and the original logbook for motor vehicle registration number KCP 354Q as further security.
4. He was further directed to pay auctioneer’s fees of Kshs. 150,000/= as well as storage charges which he paid.
5. Subsequently a ruling was delivered in his favour as a result of which he prays that the original log book be released back to him and the money deposited be refunded to him as well.
6. He further argues that subject to the court’s ruling delivered on 19th September 2025, the court ordered that he was at liberty to demand a refund from the Auctioneers for the auctioneer’s fees as well as the storage fees and he therefore prays that Anyone Auctioneers be compelled to refund the said amount.
7. After looking at the application, this court is satisfied that the Applicant has made out a case in line with orders as granted below.
Order;
1) The total amount of Kshs. 150,000/= deposited in court as security in court be refunded to the Applicant.
2) The original logbook for motor vehicle registration number KCP 354Q deposited in court as further security be released to the Applicant.
3) The prayer that the Auctioneers namely ANYONE AUCTIONEERS be compelled to refund a total of Kshs. 180,000/= to the Applicant is disallowed.
4) Each party bears their costs.
Delivered, Dated and Signed on this 31st Day of July, 2026 at Eldoret High Court