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…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.…

…no way the auctioneer could have gained access to the plaintiffs’ house in order to proclaim the items appearing in the proclamation.…

…The proclamation issued by the bailiff which is dated 7/2/91 showed that the rent in arrears was shs 52,130.…

…distress, if the landlord is not entitled to double rent on section 52(1) of the Registered Land Act leave to provide then the tenant would only have been in arrears for two months and the sum of shs 52,130 shown in the proclamation…

…Thus the proclamation was done within 6 months; counsel urged the court to dismiss the present application because the plaintiff has not established a prima facie case with a probability of success.…

…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…

…I say this despite the wrong indication in the proclamation, Ex 4, which would mislead the reader into thinking that there had, indeed, been an order of the Court.…

…: “Subsidiary legislation” means any legislative provision (including a transfer or delegation of powers or duties) made in exercise of a power on that behalf conferred by a written law, by way of by-law, notice, order, proclamation…