Joseph Korir v Race Guards Limited [2019] KEELRC 1824 (KLR)
The bottom line
#An auctioneer cannot pocket part of your court award as charges; money deducted unfairly must be refunded.
What this practically means
#Executive summary
#Key legal issues
#Whether payments made through the auctioneer discharged the decree
They did not; the Respondent dealt with the auctioneer to the exclusion of the Claimant's counsel, leaving part of the decretal sum and costs unpaid
The court found the Respondent dealt directly with the auctioneer to the exclusion of the Claimant's counsel, making payments in the auctioneer's name to secure release of the attached vehicle. The auctioneer retained Kshs. 102,644/- as charges, forwarding only a paltry sum to the decree holder. Such deductions were improper, as the Claimant was entitled to the full sum due.
Proper recovery of auctioneers' charges
An auctioneer must recover costs through taxation, not by extorting unawarded sums
The court held that the auctioneer acted as if the decree were in his own favour, inflating his charges. His proper course is to have his bill taxed; he cannot retain sums that would not be awarded on taxation. Only reasonable auctioneers' charges are to be paid.
Legal principles established
#- An auctioneer is not entitled to deduct or extract charges not supportable on taxation of his bill from decretal payments
- A decree holder is entitled to receive the full sum due without deductions by the judgment debtor or the auctioneer
Court orders
#- 1.The refund of the sum of Kshs. 102,644/- extracted by the auctioneer (already ordered pending the Ruling) stands
- 2.The Respondent to pay the balance of costs due to the Claimant within 14 days
- 3.The Respondent to pay reasonable auctioneers' charges within 14 days
- 4.The Claimant is at liberty to execute the decree if it remains unsatisfied after the 2 weeks
- 5.Each party to bear their own costs
- Jurisdiction invoked
- Original jurisdiction of the court over its own decree and execution proceedings
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Joseph Korir v Race Guards Limited [2019] KEELRC 1824 (KLR)", Case Analysis (2019). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2019/1824/eng@2019-04-09
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.