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…Auctioneers who on 2nd March 2023 issued two Proclamation Notices against the Company in the sum of Kshs. 1,625,531.14. 7.…

…James Ng'ang'a Wanjiku T/A Little Vineyards Auctioneers. iv. That the Officer-in-Charge Embakasi Police Station do accompany Mr.…

…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.…

…E436 of 2021-Bungoma & 57 Others (Consolidated) -Zephania Amenya Areba T/A Remma Auctioneers vs Smep Microfinance Bank Limited & Michael Nakitare, CMCC No.…

…My perusal of the lower Court ruling clearly treated the auctioneer’s bill of costs before it as a test suit yet the same had different proclaimed amounts.…

…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.…

…That the statutory notices were issued by the bank and not the auctioneers and therefore, the plaintiff cannot claim against the auctioneers.…

…Further, that it fulfilled its obligations under the Auctioneers Act, 1996 and Auctioneers Rules 1997 by issuing a redemption notice and notification of sale contemporaneously.…

……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…

…Board made in Disciplinary Cause No. 80 of 2023 communicated vide letter dated 28th October, 2024, suspending the applicant/auctioneer’s license to practice as an auctioneer for three months, ordering for refund of Kshs 6,005,000…

…paid to him by the complainant and the auctioneer to pay a fine of Kshs 50,000 and costs of Kshs 20,000 to the complainant.…

….…….2ND DEFENDANT/APPLICANT VERSUS ELDOROTSA CONSTRUCTION COMPANY LTD…………………… PLAINTIFF/RESPONDENT ESHIKHONI AUCTIONEERS...………......................................................….3RD DEFENDANT/RESPONDENT RULING Brief Facts…

…THAT the warrants of attachment dated 28th September 2022 and proclamation dated 3rd October 2022 by Eshikhoni Auctioneers, the respondent’s appointed agents, be and are hereby lifted and set aside v.…

…By a plaint dated 30.7.25, the Plaintiffs seek a permanent injunction restraining the 1st and 2nd Defendants, by themselves, their employees, servants, agents or auctioneers from advertising for sale whether by public auction…

…THAT this Honourable Court be pleased to issue an order of temporary injunction restraining the Defendant by themselves, their employees, servants, agents or auctioneers from advertising for sale whether by public auction…

…The plaintiff instituted this suit vide a plaint dated 9/11/2023 whereby he contends that the aforementioned advertisement was irregular and did not to adhere to the Auctioneer Rules on advertisement.…

…In SBM Bank Kenya Limited V Geoffrey Ndungu Joseph T/A Venture Auctioneers & 2 Others, KEHC 3316 (KLR), the court held thus: “Save for the advertisement attached to the 1st respondents replying affidavit, there is no evidence…

…Okonjo Advocates to come on record for the Plaintiff/Applicant. iii) That this Honourable Court be pleased to issue an Order of Temporary Injunction to restrain the 1 st Defendant /Respondent by itself, its agents, servants, auctioneers…

…(Purple Royal Auctioneers and/or any other auctioneer acting under the instructions of the 1 st Defendant/Respondent or advocate from doing any of the following acts, that is to say, selling whether by public auction or…

…From the ruling of the taxing master, the gist is that before him it was an Auctioneers bill of costs which under the Auctioneers Act. 7.…

…Rule 55 of the Auctioneers Rules provide that; “55.Fees and disbursements payable to an auctioneer (1)Except as may be provided by any other written law or by contract the fees set out in the Fourth Schedule payable to the…

…Rule 55 of the Auctioneers Rules, under which this appeal is brought, provides as follows: “(2).…

…It is evident from the above provisions that the first point of recourse for a dispute regarding the fees payable to an auctioneer is either the Auctioneer’s Board or a taxing master, both of whom are tasked with assessing…

…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.…

…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…

…As stated, the applicant raises two issues: a) Whether service of the proclamation via electronic mail conformed to Rule 12(1)(b) of the Auctioneers Rules, 1997. b) Whether distress was lawfully and necessarily executable…

…While that reasoning acknowledges the growing acceptance of electronic communication in commercial practice, it does not fully address the specific requirements of Rule 12(1)(b) of the Auctioneers Rules, 1997. 9.…

…Part II of the Fourth Schedule, which stipulates the fees an auctioneer is entitled to.…

…They further argue that commission on proclamation is not envisaged under the auctioneers’ rules.…

…In response, Gerald Mutahi, the Managing Director of StarTruck Auctioneers (Respondent), filed a replying affidavit sworn on 30th May 2024.…

….…2ND DEFENDANT/RESPONDENT GEORGE MBABU T/A IMMEDIATE AUCTIONEERS…………………………...3RD DEFENDANT/RESPONDENT RULING The plaintiff/applicant filed a Notice of Motion dated 21st December, 2021, brought under Section 5 of the Judicature…