JUDGMENT OF THE COURT
This appeal arises from a ruling and order of the High Court of Kenya at Eldoret (J.R. Karanja, J.) made on 9th December 2011 by which the sale by public auction, transfer of and resultant title to L.R. 7741/149/3 Kitisiru Estate Nairobi, were set aside following an application dated 17th June 2011 by the 2nd respondent, Salim Suleiman (Suleiman).
That sale had occurred on 30th October 2009 conducted by JOMUKI Enterprises, an auctioneering firm engaged by the 3rd respondent Mawji Patel (Patel) in execution of a judgment and decree the latter had previously obtained in the same suit against Tony Ketter the first respondent (Ketter). The instructions to the auctioneer were given by Patel’s advocate, Paul Gicheru (Gicheru), who is the 5th respondent herein. The successful bidder at that auction was the appellant Stanley Ngethe Kinyanjui (Kinyanjui) and a certificate of sale was duly signed by Innocent Maisiba Toyo, the High Court’s Deputy Registrar at Eldoret (Toyo) w…