Minnie Mbue v Jamii Bora Bank Limited & another [2019] KEELRC 2048 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 2048
- Citation
- [2019] KEELRC 2048 (KLR)
- Decided
- 22 March 2019
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeApplicationPostureApplication filed by 1st Respondent against 2nd RespondentCoramBYRAM ONGAYA
Holding
Proclamation dated 17.07.2018 is nullified
Facts
2nd Respondent was instructed to attach applicant's movable property. The applicant and 2nd Respondent agreed on an auctioneers' fee of Kshs.1, 500,000. The applicant paid the fee before the proclamation.
Issues
- Validity of the auctioneers' fee
- Nullification of the proclamation
Reasoning
Agreement on fee was voluntary and valid. Proclamation was nullified due to applicant's unchallenged case that the goods included in the proclamation were excluded from attachment.
Outcome
Application and preliminary objection dismissed
Orders
- Proclamation dated 17.07.2018 is nullified
- Preliminary objection dismissed
- Each party bears own costs
Remedies
- Nullification of proclamation
Authorities cited
Legislation (3)
- Civil Procedure Act
- Auctioneers Act
- Employment and Labour Relations Court (Procedure) Rules, 2016
Cases cited (1)
- National Industrial Credit Bank Ltd –Versus- S.K Ndegwa Auct
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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