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National Industrial Credit Bank Limited v. S. K. Ndegwa Auctioneer

(2005) JELR 98533 (CA)

Court of Appeal  •  Civil Appeal 195 of 2004  •  21 Dec 2005  •  Kenya

Erastus Mwaniki Githinji



The appellant, National Industrial Bank Limited (Bank) is aggrieved by the decision of the superior court dated 18th November, 2003 dismissing appeal against the assessment of auctioneer’s fees by the Deputy Registrar.

The Bank, being the decree-holder in H.C.C.C. No. 1818 of 2000 applied to the High Court for execution of the decree by way of attachment and sale of movable properties of M/s. Majani Mingi Sisal Estate Ltd. and 2 Others, the judgment-debtors, to recover the decretal sum of Kshs.75,772,501/20.

The warrant of attachment and sale dated 18th October, 2001 were issued by the Deputy Registrar and served on S.K. Ndegwa, Auctioneer, respondent in this appeal (Respondent) for execution.On 18th May, 2001 the respondent issued PROCLAMATION OF ATTACHMENT of judgment-debtor’s goods showing that he had attached the movable properties described in the schedule thereto – i.e. a motor vehicle valued at Kshs.500,000/= and all machinery and generators, tractors, vehicl…

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