Case law
Search tips: "exact phrase" · -exclude · land | property · negligen* · citations like [2023] KEHC 123
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…The learned Adjudicator held correctly that auctioneer’s charges should be paid by the debtor.…
…The other error was the assessment of the fees payable to the auctioneer without either of the parties making an application for the same contrary to Rule 55(3) of the Auctioneer’s Rules.…
Division and case type: High Court DivCivil Appeal
…The order was served upon the Respondent herein, Eshikoni Auctioneers at 8.19pm. the matter was then scheduled for mention on the 22 nd April, 2024 before court 2. 5.…
…Being in debt is not a basis for an auctioneer to shut down the work of a judgment debtor as the auctioneer then puts themselves in a place where they could literally cart away all the assets of the judgment debtor. 18.…
Division and case type: High Court DivCivil Appeal
……APPELLANT VERSUS AUCTIONEERS LICENSING BOARD…………….……...RESPONDENT (Being an appeal from the Ruling of the Auctioneers Licensing Board conveyed by Hon. K.…
…The Auctioneers Licensing Board finding that it was the Appellant’s auctioneer’s license that was used to obtain warrants from the Court, which license is only released to the auctioneer; with no probable explanation as to…
Division and case type: High Court DivCivil Appeal
…In his findings, the trial Magistrate held that the application filed by the respondent was brought under the provisions of Rules 9 (1) (2) and (14) of the Auctioneers Rules.…
…To support this proposition, the learned Magistrate relied on the provisions of Rule 9 of the Auctioneer Rules.…
Division and case type: High Court CivilCivil Appeal
…An order of stay of execution is hereby of the orders made on 19.6.2024 in Nyando Misc Application E004 of 2024; Brian Elly Opar T/A Skypac Consult Auctioneers vs Agricultural Finance Corporation is hereby granted until this…
Division and case type: High Court CivilCivil Appeal
…. ……………………………...1ST RESPONDENT TIMPECH AUCTIONEERS…………………………………………..…….2ND RESOPONDENT JUDGMENT (Being an Appeal from the ruling of C.J Cheruiyot, Adjudicator/Resident Magistrate delivered on 28/07/2023 in Kakamega Chief…
…On 16.05.2023, the appellant moved the trial court by a notice of motion seeking for orders that the lower court order the 2nd respondent Timpech Auctioneers to release her one cow and one calf taken from her.…
Division and case type: High Court DivCivil Appeal
……APPLICANT -VERSUS- BENARD-ONKOBA-T/A-BETICO-AUCTIONEERS…….…
…RESPONDENT JUDGEMENT By Application dated 3/9/2024 the Respondent/Auctioneer sought prayers that the Auctioneer''s bill of costs attached, assessed, or taxed vide the annexed tabulated Auctioneer''s bill of costs.…
Division and case type: High Court DivCivil Appeal
…points of fact and wrong principles of law and has occasioned a miscarriage of justice. c) That the learned trial magistrate erred in law and misdirected himself when he failed to consider the provisions set out in the Auctioneers…
…Act, Cap 526. d) The learned trial magistrate erred in law and fact in finding the applicant/appellant liable to pay the auctioneers as per his Bill of Cost dated 24th March 2021, being the respondent herein, about a proclamation…
Division and case type: High Court DivCivil Appeal
…Muinde t/a Kimu Auctioneers (2019) eKLR. i. E Justin Austin & 2 Others vs Chon Jeum Suk Kim (2017) eKLR. j. Tea Packers Company Ltd vs Hezron Getuma t/a Hegons Auctioneers (2021) eKLR. 11.…
…Muinde t/a Kimu Auctioneers (2019) eKLR.) 18.…
Division and case type: High Court CivilCivil Appeal
…Upon settlement of the decretal sum, there were left auctioneers fees and charges which were contested leading to filing of auctioneer’s bill of costs dated 19-02-2021.…
…The auctioneer involved in the matter was the respondent in this appeal. The said auctioneer’s bill, has been taxed back and forth this being the third time the bill is being challenged.…
Division and case type: High Court CivilCivil Appeal
…Denis Mombo and James Onyango Josiah and Laar Auctioneers for contempt of court. 4.…
…The learned trial Magistrate, vide a consolidated Ruling delivered on the 8 th June, 2023, allowed the prayers except for the contempt prayer against Laar Auctioneers.…
Division and case type: High Court DivCivil Appeal
…Auctioneers to repossess motor vehicle KDC 371E.…
…The auctioneers issued a proclamation notice on 25th March 2025; that on 8th April 2025 and 15th April 2025, the auctioneer proceeded to Siaya Central Police Station where the Plaintiff operates a police canteen to physically…
Division and case type: High Court DivCivil Appeal
…THAT the Learned Magistrate erred in law by allowing and applying the wrong procedure for the assessment of Auctioneers costs. 6.…
…This is an Appeal from an order of a Magistrate on the assessment of the auctioneer's cost with clear provisions under Rule 55 (5) of the Auctioneer's Rules of 1997 (Rev. 2009) and in so far as the issues appealed therein…
Division and case type: High Court DivCivil Appeal
…(5) of the Auctioneers Rules. 38.Thus, a reference from taxation pursuant to paragraph 11 of the Advocates Remuneration Order is not synonymous with an appeal pursuant to rule 55(5) of the Auctioneers Rules. 39.Unlike in…
…The appellant has not filed a proper and competent appeal under rule 55(5) of the Auctioneers Rules. In essence, there is no appeal under rule 55 of the Auctioneers Rules.…
Division and case type: High Court CivilCivil Appeal
…Whether the taxing master assessed the Auctioneer’s Bill of Costs to scale. 8. The auctioneer’s fees on attachment is as set out in item (3) on the Auctioneer’s Bill of Costs dated 27 th July 2021.…
…If the judgment-debtor fails to pay the auctioneer moves to the second stage of conducting the sale of the attached goods.…
Division and case type: High Court DivCivil Appeal
…E 046 OF 2023 FAULU MICRO FINANCE BANK LIMITED………………….APPELLANT VERSUS WALTER MUSUNGU MUYODI T/A RHEMA AUCTIONEERS…………………………………RESPONDENT R U L I N G A. Application 1.…
…Further that the Respondent be condemned to pay the costs of Messrs Dominion Auctioneers and the costs of this application. B. Respondent’s Response 4.…
Division and case type: High Court CivilCivil Appeal
…Denis Mombo and James Onyango Josiah and Laar Auctioneers for contempt of court. 4.…
…The learned trial Magistrate, vide a consolidated Ruling delivered on the 8 th June, 2023, allowed the prayers except for the contempt prayer against Laar Auctioneers.…
Division and case type: High Court DivCivil Appeal
…He contends that because the auctioneer is a non-member, the jurisdictional criteria of Section 76 were not met. 16.…
…The Respondent asserts that the repossession was illegal due to a total failure to follow the Auctioneers Rules 1997.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…From the Appellant’s narrative in the pleadings, the Respondent indicated that it would retain Kenya Shillings Two Hundred and One Thousand, Five Hundred (Kshs. 201,500) as auctioneer’s fees and pay the balance sum of Kenya…
…The claim was therefore no longer a rent dispute; it had transformed into a claim for the recovery of a debt, money held and received by the Respondent in his capacity as auctioneer and agent, which he refused to remit despite…
Division and case type: High Court CivilCivil Appeal
…INN LIMITED...............................................APPELLANT VERSUS MILTON WABWIRE (Suing as Legal Representative of the Estate of the late GEORGE WABWIRE)....................................1ST RESPONDENT SWIFTWAY AUCTIONEERS…