Areba t/a Remma Auctioneers & another v Adungulo

vehicle. He further avers that under the Auctioneers’ Rules, he became entitled to his fees and expenses upon carrying out the proclamation and execution process. 6. The Applicant contends that despite lawfully executing the warrants in accordance with the prescribed procedure, the Respondent has declined and/or failed to negotiate or settle the auctioneer’s fees and expenses. 7. Consequently, the Applicant prepared and led an Auctioneer’s Bill of Costs for taxation and seeks the intervention of the Court to compel payment of the charges incurred in the execution process. 8. Although the Respondent was duly served with the application, he neither led any replying adavit, grounds of opposition, nor submissions to challenge the application. The application therefore remains uncontroverted. Analysis And Determinations 9. Having considered the above, the only issue that arises for determination is whether the Ex Parte Notice of Motion dated 12th June 2025 is merited. 10. The law recognizes the right of a duly instructed auctioneer to recover his fees and expenses incurred in the lawful execution of Court process. Rule 7 of the Auctioneers Rules, 1997, empowers an auctioneer who has executed warrants issued by the Court to seek taxation and recovery of his charges where the same remain unpaid. The rationale is that an auctioneer acts as an ocer of the Court and is entitled to reasonable remuneration for services lawfully rendered in the execution of Court decrees. 11. In the case of National Industrial Credit Bank Limited v S. K. Ndegwa Auctioneer [2005] KECA 22 (KLR) the Court stated that: “ We are satised that the learned Judge correctly construed the word “proclamation” in the context in which it is used in the Auctioneers Rules and reached the correct decision that the auctioneer was entitled to fees for attachment prescribed in paragraph 4 of Part II of the Fourth Schedule.” 12. In the present case, the Applicant has exhibited a valid auctioneer’s licence, the warrants of attachment issued on 12th March 2025, the proclamation notice served upon the Respondent on 18th March 2025, and the Auctioneer’s Bill of Costs drawn pursuant to the execution. He further deponed that he travelled from Bungoma to Busia to execute the warrants and incurred the attendant expenses in the course of execution. 13. These depositions demonstrate that the Applicant undertook the execution process pursuant to lawful Court warrants and is therefore prima facie entitled to remuneration under the Auctioneers Rules. 14. Notably, despite being duly served with the application, the Respondent neither led a replying adavit nor grounds of opposition to challenge the Applicant’s assertions. Consequently, the factual averments contained in the supporting adavit remain uncontroverted. 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. 15. The Court is also satised that the appropriate procedure is for the Auctioneer’s Bill of Costs to be taxed by the Taxing Master before payment. https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/5934/eng@2026-09-29 2

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16. Taxation serves as the statutory mechanism for scrutinizing the reasonableness and propriety of the fees claimed, thereby safeguarding both the auctioneer’s right to remuneration and the Respondent’s right to be charged only those fees permissible under the Auctioneers Act and the Auctioneers Rules. 17. Accordingly, the Court nds that the Applicant has established, on a balance of probabilities, that he lawfully executed the warrants issued by this Court and is entitled to have his Auctioneer’s Bill of Costs taxed and, upon taxation, to recover the certied charges and expenses from the Defendant/ Respondent. Disposition And Final Orders 18. In the end, the Court nds that the Notice of Motion dated 12th June 2026 is merited. There being no response led by the Respondent to controvert the Applicant’s evidence, the application succeeds. 19. Accordingly, the Court makes the following orders: a. The Auctioneer’s Bill of Costs dated 11th June 2025, annexed to the application is hereby deemed as duly led and shall be placed before the Taxing Master for taxation. b. Upon taxation, the Defendant/Respondent shall pay the Auctioneer the taxed auctioneer’s charges and expenses arising from the execution of the warrants of attachment issued in Busia ELC E004/2023. c. The costs of this application are awarded to the Auctioneer/Applicant. d. It is so ordered. RULING DATED, SIGNED AND DELIVERED IN OPEN COURT ON THIS 29TH DAY OF SEPTEMBER 2026. C. MUGAMBI JUDGE 29TH SEPTEMBER 2026 https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/5934/eng@2026-09-29 3

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