This is an application for the removal of July Auction Mart as the officially appointed auctioneer. I have read the application and the affidavits filed by the parties. I have listened to both counsel for the parties. It appears to me that there was a scuffle on one of the date of the auction between officers of the Defendant/Judgment/Debtor and officers of the auctioneer which case has been reported to the police for investigation. Since that matter is currently under investigation, I find it premature for me to use it as a basis to revoke the powers granted to the auctioneer. Until I receive a full report on that incident so as to be able to comprehend the underlying cause of the scuffle, I do not deem it necessary to remove the auctioneer appointed for the auction sale.
My attention has been drawn to Section 24(2) of the Auction Sales. I must say that the decision to remove an auctioneer is not based on the flimsy excuses or unsubstantiated allegations of a party. For a court to rem…