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GARAM INVESTMENTS
V.
IBRAHIM HUSSEIN MAHADI & ANOR

(2022) JELR 113529 (CA)

Court of Appeal 18 Feb 2022 Kenya
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- The dispute concerned the proper method for calculating auctioneer's fees under the Fourth Schedule to the Auctioneers Act, specifically whether fees may be charged cumulatively across multiple bands or only at the rate applicable to the

Case Details

Suit Number:Civil Appeal 155 of 2018
Judges:MSA Makhandia, JA F Sichale, JA HA Omondi, JA
Location:Nairobi

JUDGMENT

  1. The High Court delivered on 7th February, 2018, by which the learned Judge held that; ‘an auctioneer charging fees under the Fourth Schedule could not purport to charge the rates on the different bands and then accumulate or aggregate the total. Rather an auctioneer could only slot himself under one specific band; and seeks that part of the ruling to be set aside as it is not satisfied with the amount’s awarded as its charges pursuant to a sale.

  2. The ruling was based on an issue raised by the appellant vide an application dated 3rd November, 2017, challenging the amounts awarded as its professional charges. The trial court as already held that the appellant could not accumulate his charges under paragraph 4 of the Fourth Schedule to the Auctioneers Act; that the auctioneer charging fees under the Fourth Schedule could not purport to charge the rates on a different band then aggregate the total, but rather that an auctioneer could only put himself under one band.

  3. A short backgroun…

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