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…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.…

……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…

…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…

…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.…

…E003 OF 2023 IN THE MATTER OF TAXATION UNDER THE AUCTIONEERS RULES, 1997 AND IN THE MATTER OF TAXATION OF COSTS BUSIA SUGAR INDUSTRY LIMITED……………………APPELLANT VERSUS KENNEDY SHIKUKU T/A ESHIKHONI AUCTIONEERS…………………………….RESPONDENT…

…I will first deal with the auctioneer’s fees on attachment which is item (d) on the auctioneer’s bill of costs dated 8th March 2022.…

…Act and Schedule 4 of the Auctioneers Rules 1997, Order 21 Rule 9A, 9B and 9C of the Civil Procedure Amended Rules, 2020.…

…Ndegwa Auctioneer [2005] eKLR the Court of Appeal stated that: “The main object of paragraph 4 is clear. It is intended to provide values on the basis of which the auctioneer’s charges should be assessed.…

…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.…

…E344 of 2023-Ali Ominde Shisia v Britam General Insurance and Kennedy Shiukuku T/A Eshikhoni Auctioneers made on 20th December 2023 on items e, f and g respectively, and order for the re-assessment of the Auctioneers Bill…

…As regards item (e), Part II 4 of the 4th Schedule of the Auctioneers Act prescribes for an Auctioneers fees on a charge of 2% where the value of the attached property is over kshs 1 Million.…

…E344 of 2023-Ali Ominde Shisia v Britam General Insurance and Kennedy Shiukuku T/A Eshikhoni Auctioneers made on 20th December 2023 on items e, f and g respectively, and order for the re-assessment of the Auctioneers Bill…

…As regards item (e), Part II 4 of the 4th Schedule of the Auctioneers Act prescribes for an Auctioneers fees on a charge of 2% where the value of the attached property is over kshs 1 Million.…

…E344 of 2023-Ali Ominde Shisia v Britam General Insurance and Kennedy Shiukuku T/A Eshikhoni Auctioneers made on 20th December 2023 on items e, f and g respectively, and order for the re-assessment of the Auctioneers Bill…

…As regards item (e), Part II 4 of the 4th Schedule of the Auctioneers Act prescribes for an Auctioneers fees on a charge of 2% where the value of the attached property is over kshs 1 Million.…

…(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.…

…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.…

….………………….APPLICANT VERSUS DICKSON OMONDE T/A DIMONDE AGENCIES & AUCTIONEERS…………………….…………….……….RESPONDENT RULING In an amended notice of motion dated 6th March 2024 the applicant seeks the following orders; Spent The honourable…

…court may be pleased to issue an order of stay of proceedings in P.M.C.C No. 464,465,466,467,468,479,471,472,473 and 486 of 2023 ( Bungoma) Dickson Omonde T/A Dimonde Agencies & Auctioneers- vs- KCB Bank Kenya Limited pending…

…same be served within 2 days and a response be filed within 6 days from the date hereof. iii) Inter partes hearing is scheduled on 4th November 2025. iv) An order of stay of execution of the decree herein by Dominion Yards Auctioneers…

…E004 OF 2024 KENNEDY SHIKUKU T/A ESHIKHONI AUCTIONEERS………………….………….APPELLANT/RESPONDENT VERSUS BRITAM GENERAL INSURANCE CO. LTD ………………………………………………….RESPONDENT/APPLICANT RULING A. Application 1.…

…REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT BUNGOMA CIVIL APPEAL NO E031 OF 2021 IMPACT FINANCE SACCO………………………………..APPELLANT AND AMOS WEKESA BARASA………………………………………..DEBTOR VERSUS BILLY OSCAR LUTTA t/a LUFREE AUCTIONEERS…

…The appeal before the court challenges the amount of fees payable to the auctioneer and is governed by Rule 55 of the Auctioneer’s Rules which provides as follows: “55 (2)where a dispute arises as to the amount of fees payable…

…The appellant at the subordinate court filed an application following the taxation of the auctioneer’s bill of costs.…

…the Auctioneer’s fee.…

…Pursuant to that judgment, the Plaintiff instructed the Appellant, a licensed auctioneer trading as Eshikhoni Auctioneers, to levy execution.…

…Issue 4: Rule 7 of the Auctioneers Rules 30.…

…' REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT BUNGOMA CIVIL APPEAL NO E093 OF 2024 ZEPHANIA AMENYA AREBA t/a REMMA AUCTIONEERS………………………………..…

…The proceedings before the trial court were initiated by an Ex Parte Notice of Motion dated 18th April 2024, filed by Robert Waweru Maina, operating as Antique Auctioneers (the 1st Respondent), a licensed auctioneer acting…

…the vehicle, and to authorize the auctioneer, accompanied by police officers, to forcibly open or break any external doors to access the premises where the vehicle is located. 3.…