Case law
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Division and case type: Milimani Commercial CourtsCivil Case
…The basis of the plaintiffs’ complaint against the 3rd defendant is that the proclamation was not in accordance with rule 12 of the Auctioneers Rules.…
…Rule 12 of the Auctioneers Rules provides:- “Upon receipt of a court warrant or letter of instruction the auctioneer shall in case of movables other than goods of a perishable nature and livestock prepare a proclamation in…
Division and case type: CivilCivil Case
…Mr Kamotho’s complaint was that the warrant of attachment issued for the sale of this motor-vehicle had expired and it was not re-issued so that the auctioneers had no authority to sell the vehicle as they did.…
…He contended in court during submissions that after the order for stay was dismissed on 26th June, 1986, and the attachment order was still in force, he instructed another firm of auctioneers, Excellent Auctioneers to advertise…
Division and case type: CivilCivil Appeal
…CIVIL APPEAL NO. 82 OF 1998 BETWEEN DAIMA BANK LIMITED ...............................1ST APPELLANT KANGETHE & COMPANY ...............................2ND APPELLANT WHITESTONE AUCTIONEERS (K) LIMITED ...............3RD APPELLANT…
…OSMOND .........................................APPLICANT AND DAIMA BANK LIMITED ......................................................1ST RESPONDENT WHITESTONE AUCTIONEERS (K) LIMITED ..............2ND RESPONDENT (An appeal…
Division and case type: CivilCivil Appeal
…I now make temporary orders (ex-parte) restraining M/S Truckers Auctioneers from releasing M/V.…
…No KZB 345, which had also been attached by the said auctioneers to be released to him on payment of the auctioneers charges.…
Division and case type: CivilCivil Case
…paid and in the absence of an order of court to the effect that fees are not to be paid the proceedings are a nullity and the respondent should be ordered to pay back what has already been paid to them and also pay the auctioneer…
…(b) The plaintiff shall also pay the auctioneer’s fees in respect of the nullified proceedings, attachment to be agreed on as assessed as between the defendant and the auctioneers within 30 days from the date of their being…
Division and case type: CivilCivil Appeal
…On the 15th October, 1987, Regent Auctioneers who are official court brokers, seized a Datsun pick-up vehicle no KLR 903 belonging to the appellant, who was the plaintiff in the High Court.…
…What, then, of the second respondents, Regent Auctioneers?…
Division and case type: CivilCivil Appeal
…Armed with that decree, the appellant, through M/s Kinyua & Co Auctioneers of Mombasa, seized the respondent’s vehicle.…
Division and case type: CivilCivil Appeal
…A proclamation of July 28, 1982 of the Nyaluoyo auctioneers, court brokers in Kisumu advertised the sale by public auction on August 20, 1982 at 10 am of the respondents’ attached goods if the respondents did not pay the…
…So the sale by auction could have been postponed by the learned judge and the auctioneer told to do so, to a date far enough ahead to give the respondents time to serve the appellant in Nairobi with the papers and for an…
Division and case type: CivilCivil Case
….………….. 3RD PLAINTIFF VERSUS MISS MARGARET ODHIAMBO …………………… 1ST DEFENDANT GALAXY AUCTIONEERS ………………………….. 2ND DEFENDANT J U D G E M E N T By an amended plaint filed in court on 20th May, 1993, the 3 plaintiffs namely: Clement…
Division and case type: CivilCivil Case
…(b)Plaintiffs do pay the costs of this application and all the auctioneers charges todate within 30 days.…
Division and case type: CivilCivil Case
…It seeks the following main orders:- (a) That Bob Ndirangu of Bareco Traders court Brokers & Auctioneers be brought to Court so show cause why he should not be punished for contempt of court.…
Division and case type: Milimani Commercial CourtsCivil Case
…inter partes hearing and determination of this Application, this Honourable Court be pleased to issue an interim order for injunction to restrain the Defendant whether by itself, its officers, agents, servants, directors, auctioneers…
…this Application and pending the determination of this suit, this Honourable Court be pleased to issue an interim order for injunction to restrain the Defendant whether by itself, its officers, agents, servants, directors, auctioneers…
Division and case type: CivilCivil Appeal
…letter dated the 14th October, 1980, (Exh 1) he explained to M/s Kassam Lakha Abdulla & Co why he thought the property should be sold and he specifically directed that the property be sold by public auction by M/s GA Datoo Auctioneers…
Division and case type: CivilCivil Appeal
…According to the letter of the Auctioneer Court Brokers CB Mistri, dated June 1984, the First Defendant had put the property on the market by its letter of May 25, 1984.…
…The Auctioneers informed the First Defendant’s advocates, with a copy to Mr Russell (but not to the Plaintiff because presumably CB Mistri did not know of the Plaintiff Company’s interest in the property), that the sale would…