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
…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…