Areba t/a Remma Auctioneers & another v Adungulo
The bottom line
#A Kenyan court confirmed auctioneers who lawfully execute court warrants can recover their fees from judgment debtors, after mandatory taxation.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the Ex Parte Notice of Motion dated 12th June 2025 is merited
Key legal issues
#Whether the auctioneer is entitled to payment of charges and expenses for executing warrants of attachment
Yes; the applicant lawfully executed the warrants and is entitled to have his Bill of Costs taxed and to recover certified charges from the defendant.
Rule 7 of the Auctioneers Rules empowers an auctioneer who has executed court warrants to seek taxation and recovery of unpaid charges. The applicant exhibited a valid licence, the warrants, the proclamation notice and the Bill of Costs. The respondent, though served, filed no response, leaving the averments uncontroverted; the court may accept unchallenged evidence establishing a legal basis for relief.
The appropriate procedure for quantifying the auctioneer's fees
The Bill of Costs must be taxed by the Taxing Master before payment.
Taxation is the statutory mechanism for scrutinising the reasonableness and propriety of fees claimed, protecting both the auctioneer's right to remuneration and the respondent's right to be charged only fees permissible under the Auctioneers Act and Rules.
Legal principles established
#- A duly instructed auctioneer who lawfully executes court warrants is entitled to recover fees and expenses, subject to taxation by the Taxing Master.
Court orders
#- 1.The Auctioneer's Bill of Costs dated 11th June 2025 is deemed duly filed and placed before the Taxing Master for taxation
- 2.Upon taxation, the Defendant/Respondent shall pay the Auctioneer the taxed auctioneer's charges and expenses arising from execution of the warrants of attachment issued in Busia ELC E004/2023
- 3.Costs of the application awarded to the Auctioneer/Applicant
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Sections 3 and 3A of the Civil Procedure Act and Rule 7 of the Auctioneers Rules, 1997
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
While the failure to respond does not automatically entitle an applicant to the orders sought, the Court is entitled to accept unchallenged evidence where it establishes a legal basis for the relief sought.
The rationale is that an auctioneer acts as an officer of the Court and is entitled to reasonable remuneration for services lawfully rendered in the execution of Court decrees.
The Auctioneer's Bill of Costs dated 11th June 2025, annexed to the application is hereby deemed as duly filed and shall be placed before the Taxing Master for taxation.
Issues in the judgment
#Date of the Notice of Motion stated inconsistently
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Areba t/a Remma Auctioneers & another v Adungulo", Case Analysis (2026). Environment and Land Miscellaneous Application E007 of 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/5934/eng@2026-09-29
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.