ORDER OF THE COURT
This appeal (Civil Appeal No. 308 of 2006) came up for hearing before this Court differently constituted on 21st March, 2007. The Court suo moto raised a question as to whether the appellant, Jone Brooks Consultants Limited, being a limited liability company can legally carry out the business of a licensed auctioneer under the Auctioneers Act, Act No. 5 of 1996. Mr. Ragot the learned counsel for the appellant indicated at that time that he needed time to consider the matter. He thus applied for adjournment on that ground. As Mr. Owiti, the learned counsel for the respondent, did not oppose the application for adjournment, the hearing of the appeal was stood over to this session, but it was only to be fixed for mention to enable Mr. Ragot inform the Court whether the appeal would still proceed to hearing or not despite that concern raised by the Court.
The appeal came up for mention on Wednesday 20th June, 2007. Mr. Ragot, having considered the matter, applied to withd…