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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…

…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…

…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…

…WAWERU T/A IDEAL AUCTIONEERS ............ RESPONDENTS (An application for Injunction pending intended Appeal from the Ruling of the High Court of Kenya at Nairobi (Justice Mbito) dated 13th March, 1997 in H.C.C.C.…

…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…

…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…