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…REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT VIHIGA CIVIL CASE NO E005 OF 2025 BILLY AMENDI………………………………………………………………PLAINTIFF VERSUS KEYSIAN AUCTIONEERS………………………………………….1 ST DEFENDANT FAMILY BANK……………………………………………………….2…

…In addition, Rule 15 (d) of the Auctioneers Rules, 1997 provides as follows:- “Upon receipt of a court warrant or letter of instruction the auctioneer shall in the case of immovable property— a. give in writing to the owner…

…The Plaintiff expresses apprehension that unless the orders sought are granted, her properties may be sold by the 2nd Defendant – an auctioneer – thereby occasioning her substantial and irreparable loss and damage which may…

…He states that upon continued default, the 1st Defendant instructed 2nd Defendant to proceed with realization of the securities, and that the auctioneers subsequently issued redemption notices and notifications of sale on…

…Regarding the Auctioneer’s 45 days’ notice, he pointed out that the date of the 2nd mandatory notice (intention to sell) is dated 5/02/2018, the instructions to the Auctioneers is indicated to have been given on 26/03/2018…

…, and the Auctioneer’s notice is then dated 28/03/2018.…

…While I agree with this general principle, an auctioneer stands in a rather unique position.…

…Also, an auctioneer, although an agent may personally sue for the price of goods sold and delivered by himself as an auctioneer (see Williams versus Millington (1788) 1 Hy BI 81.…

…In the certificate of urgency, just as in the previous application, the applicant avers that the repossession of the plaintiff/applicant's motor vehicles is contrary to the provisions of the law, in particular to the Auctioneers…

…urgent and consider it exparte ; (b) Pending the hearing of the Notice of Motion dated 22nd July 2025 interpartes, an interim order of injunction is hereby issued restraining the Defendants by themselves, their agents Mumu Auctioneers…

…He has annexed to his affidavit the proclamation notice and redemption notice issued by Garam Auctioneers dated 13 th June 2025 and requiring him to pay the sum of KShs 6,192,035.11 together with the auctioneer’s costs on…

…The third notice required is what is commonly known as the notice of redemption issued under Rule 15(d) of the Auctioneers Rules made under the Auctioneers Act (Cap. 526) Laws of Kenya to the effect that the owner may redeem…

…REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT OF KENYA AT NYERI ELC CASE NO. 21 OF 2022 ERINPET ENTERPRISES LIMITED …………………………PLAINTIFF -VERSUS- EQUITY BANK (KENYA) LIMITED ………………...1ST DEFENDANT PHILLIPS INTERNATIONAL AUCTIONEERS…

…With respect to the notification of sale, the Applicant submits that the remarks allegedly made by the auctioneer in the letter dated 21st May 2021 are neither signed nor dated.…

…The Applicant further contended that the 2nd Respondent failed to serve him with the 45day statutory notice as required under Rule 15(d) of the Auctioneers Rules.…

…This suit pits the Plaintiff/Applicant, Hadson Mboya, against the first Defendant/ Respondent National Bank of Kenya Limited and the Second Defendant/ Respondent, Colinet Auctioneers and was provoked by the Second Defendant…

…By a Notice of Motion dated the same day and filed contemporaneously with the suit, the Plaintiff had sought an urgent order of injunction to stop the Bank and the 2nd Defendant Auctioneer from disposing the property pending…

…The respondents deposed that it was upon failure by the applicant to honour the demand, that the 1 st respondent instructed the 2 nd respondent, as its agent and auctioneer, to repossess the motor vehicle.…

………PLAINTIFF/APPLICANT VERSUS NATIONAL BANK KENYA LTD………1ST DEFENDANT/RESPONDENT COLINET AUCTIONEERS….………...2ND DEFENDANT/RESPONDENT RULING Sasah Contractors (the Plaintiff/Applicant) filed an application dated 29th May 2024…

…According to the applicant, even before the 1st defendant responded to those inquiries made by the applicant, on the actual outstanding balance, the 1st defendant instructed the 2nd defendant auctioneer to sell by public…

…– Please see annexed at pages 60 – 66 of the Defendants’ Annexures, the Auctioneer’s Certificate of Service and the said 45 Days Notice and Notification of Sale as well as the registered post receipt.…

…dated 22nd July 2025 seeking the following orders; (1) Spent; (2) Spent; (3) Pending the hearing and determination of this suit, an order of injunction be granted restraining the Defendants by themselves, their agents Mumu Auctioneers…

….…………..PROPOSED 2ND PLAINTIFF VERSUS NATIONAL BANK OF KENYA LIMITED .................1ST DEFENDANT/RESPONDENT KEYSIAN AUCTIONEERS…………………….……..2ND DEFENDANT/RESPONDENT AND KENNETH ODIWUOR OCHIENG………...…

…The Bank engaged and instructed Eshikhoni Auctioneers, to proceed and advertise and sell the suit property through public auction.…

…Eshikhoni Auctioneers issued the notifications of sale that were received by representatives of the Borrower on 2nd July 2024. 12.…

…E016 of 2024 Mediheal Group Limited & Swarup Ranjan Mishra –Vs– Eshikhoni Auctioneers with a view to unjustifiably impede the Bank from exercising its remedies as rightfully accrued by law and frustrate the 2nd Respondent…

…(Annexed hereto and marked as RB 10 is the letter of instructions addressed to Eshikhoni Auctioneers dated 17th October 2024) k)THAT indeed, the 1st Respondent's remedies now stand fully crystallized and the Applicant has…