<p class="ql-align-center">RULING OF THE COURT</p><p class="ql-align-justify">Daber Enterprises Limited, the respondent, was the successful bidder at a public auction sale conducted by the applicant&#x27;s auctioneers on 17th September, 1997 at their premises along Meru Road, Mombasa.</p><p class="ql-align-justify">The public auction was in respect of a piece or parcel of land known as Title No Mombasa/Block/291 (the suit property) situate along Tom Mboya Avenue, Mombasa and was conducted in exercise of the applicant&#x27;s statutory power of sale. The applicant is Industrial and Commercial Development Corporation.</p><p class="ql-align-justify">It is common ground that the respondent, through its director one Bernard Mwangi Mbai was the highest bidder and that upon the fall of the hammer the respondent paid a sum of Shs. 800,000/- (being 25% of the bid price) to the auctioneer.</p><p class="ql-align-justify">The balance was payable within 30 days of the auction sale.</p><p class="ql-align-justify">It is also common ground that the auctioneer upon receipt of Shs. 800,000/- aforesaid prepared and signed a certificate of sale dated 23rd September, 1997 by which he confirmed havin…</p>