JUDGMENT OF THE COURT
The appellant is Kuronya Auctioneers. This entity (we are not sure whether it is a proprietary firm or a partnership) (hereinafter called "the auctioneer") was sued by the first respondent, Maurice Odhoch (Maurice) in the Chief Magistrate's Court at Kisumu on 27th June, 2000. His claim was based on alleged wrongful attachment of his goods by the auctioneer. The auctioneer was instructed by the second respondent, National Bank of Kenya Limited (the Bank) to attach goods belonging to one
ErastusMwanga to satisfy a decree obtained by the Bank against Erastus Mwanga in Busia Senior Principal Magistrate's Court in its Civil Case No. 576 of 1994
.Whilst being armed with warrants of attachment issued by the said Busia court the auctioneer attached goods belonging to Maurice in purported execution of the decree. Maurice objected to the attachment pursuant to the provisions of Order XXI rule 53 of the Civil Procedure Rules. The objection was dismissed by the Busia Court. Mau…