REPUBLIC OF KENYA
IN THE COURT OF APPEAL AT NAIROBI
CIVIL SUIT NO 1640 OF 1981
COMMONWALTH DEVELOPMENT CORPORATION..........................................PLAINTIFF
versus
WAMINNEH ENTERPRISES LIMITED and 4 OTHERS ................................. RESPONDENT
RULING
On August 27, 1984 American Life Insurance Company (hereinafter referred to as the Objector) filed this chamber summons seeking for two main orders.
1) That the D/A be restrained from proceedings with the sale of the judgment debtor’s property.
2) If allowed the objection be allowed to place a reserve price
The sale did not proceed. It was stopped a few days before the date of the sale. Secondly it is no longer necessary for the decree holder to sell the property because he has been paid the decreted amount in full. The only issue which received and was argued before me was the question of the auctioneers costs and costs of this application. It is the objection contention that their costs and those costs of the auctioneer be paid by…