Francis Okello v Alexander Ochwo Alela [2018] KEELC 306 (KLR)

Facts

The applicant Francis Okello sought to offset the total proclamation amount of Kshs175,056/- and the proper prescribed auctioneers fee, and to stay execution of the decree pending the hearing and determination of the application.

Issues

1. Whether the applicant has shown sufficient cause to warrant the grant of the orders of stay of execution.
2. Whether the auctioneers fee stipulated is grossly exaggerated and exorbitant and not in-tandem with the Auctioneers Act.

Reasoning

The court found that the applicant has not shown sufficient cause to warrant the grant of the orders of stay of execution and that the auctioneers fee stipulated is not in-tandem with the Auctioneers Act.

Outcome

Dismissed

Authorities cited