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…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…

…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.…

…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…

….……...1ST DEFENDANT DILIGENT AUCTIONEERS LTD ………………..…………….....2ND DEFENDANT SAMMY GICHUKI WAIGWA ……………………...………..……3RD DEFENDANT R U L I N G The 3rd defendant’s chamber summons dated 14th May 2004 is brought under Order…

…NO. 113 OF 1999) ************************ RULING OF THE COURT: Daber Enterprises Limited, the respondent, was the successful bidder at a public auction sale conducted by the applicant's auctioneers on 17th September, 1997…

…common ground that the respondent, through its director one Bernard Mwangi Mbai was the highest bidder and that upon the fall of the hammer the respondent paid a sum of Shs. 800,000/- (being 25% of the bid price) to the auctioneer…

…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?…

…Armed with that decree, the appellant, through M/s Kinyua & Co Auctioneers of Mombasa, seized the respondent’s vehicle.…

…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…

…To forestall embarrassment, the Respondent paid the amount including the auctioneers fees which total amounted to Kshs 278,823/=. One would have thought that would be the end of the matter. It was not to be.…

….………….. 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…

…(b)Plaintiffs do pay the costs of this application and all the auctioneers charges todate within 30 days.…

…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.…

…Then thedefendant was informed that the vehicle had been seized on 9thOctober,.1989 by auctioneers acting on instructions ofPrudential Finance Company Ltd (the plaintiff company). Thedefendant spoke to Mr.…

…It was the defendant's evidence that the seizure of thisvehicle by Triple One Auctioneers was wrongful and that thesale at shs. 950,000/= was undervalue.…

…(see the decision of the Court of Appeal in Civil Appeal No.265 of 1997 DAVID MUGO t/a MANYATTA AUCTIONEERS -VSREPUBLIC (unreported) where all these principles of law were pronounced.…

…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…

…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…