Nayer v Mohamed & another (Environment & Land Case E027 of 2023) [2024] KEELC 6112 (KLR)
The bottom line
#Kenya's High Court dismissed a request for permission to sell attached goods, ruling the Auctioneers Rules already provide the complete procedure.
What this practically means
#Executive summary
#Key legal issues
#Whether the court should grant leave for sale of attached goods by private treaty under the Civil Procedure Act and Order 22 Rule 46
The application lacks merit because the Auctioneers Rules, specifically rules 11 to 17 and more particularly rules 12 and 16, already set out the procedure for public auction or private treaty, and the court need not issue the orders sought
The court held that the relevant law and procedure are governed by the Auctioneers Rules, particularly rules 11 to 17, and more specifically rules 12 and 16, which prescribe the auctioning process. Since that framework already regulates the sale, the court's intervention by way of application was unnecessary; the matter should be handled administratively. The court also referenced the process outlined in Maina Wanjigi & another v Bank of Africa Kenya Ltd & 2 others (2015) eKLR for reference purposes.
Costs of the application
No orders as to costs were made
Although the plaintiff sought costs of the application, the defendants had never entered appearance and the application was dismissed, with the court directing that each side bear its own costs by way of 'no orders as to costs'.
Legal principles established
#- Where the Auctioneers Rules prescribe the procedure for sale by public auction or private treaty, the court need not give orders in respect of such sale; the process should be handled administratively rather than by application
Court orders
#- 1.The application dated 24th October 2023 is dismissed
- 2.No orders as to costs
- Jurisdiction invoked
- Sections 1A, 1B, 3, 3A and 63(e) of the Civil Procedure Act and Order 22 Rule 46 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Nayer v Mohamed & another (Environment & Land Case E027 of 2023) [2024] KEELC 6112 (KLR)", Case Analysis (2024). Not stated in the judgment as provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/6112/eng@2024-09-25
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.