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…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…

…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.…

…(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.…