Muthee t/a Compliance Auctioneers v Birdi Civil Engineering (Miscellaneous Civil Application E924 of 2025) [2026] KEHC 5651 (KLR) (Civ) (30 April 2026) (Ruling)

Muthee t/a Compliance Auctioneers v Birdi Civil Engineering (Miscellaneous Civil Application E924 of 2025) [2026] KEHC 5651 (KLR) (Civ) (30 April 2026) (Ruling)

The magistrate’s assessment was within discretion, properly premised on the Fourth Schedule of the Auctioneer’s Rules, and not so erroneous as to constitute injustice or error of principle. Items not provided for in the Rules were correctly assessed off. No grounds to interfere with the magistrate’s decision.

Citation
[2026] KEHC 5651 (KLR)
Parties
Applicant: F.W Muthee t/a Compliance Auctioneers; Respondent: Birdi Civil Engineering
Court
High Court
Jurisdiction
Kenya
Judgment Date
30 April 2026
Case Number
Miscellaneous Civil Application E924 of 2025
Procedural Posture
Miscellaneous Civil Application / Ruling on Chamber Summons Appeal Against Magistrate's Assessment of Auctioneer's Bill of Costs
Outcome
Application dismissed; magistrate’s decision upheld.
Legal Topics
Auctioneer's Fees, Assessment Vs Taxation of Costs, Appeals From Magistrate's Assessment, Principles Governing Costs
Source Language
English
Civil Procedure Costs Auctioneer's Fees Assessment Vs Taxation of Costs Appeals From Magistrate's Assessment Principles Governing Costs

Case Brief

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Parties

F.W Muthee t/a Compliance Auctioneers

Applicant

Birdi Civil Engineering

Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Chamber Summons Appeal Against Magistrate's Assessment of Auctioneer's Bill of Costs

Legal Issues

  1. 1 Whether the Applicant’s chamber summons application challenging the magistrate’s assessment of auctioneer’s bill of costs is merited
  2. 2 Who ought to bear the costs of the application

Ratio Decidendi

The magistrate’s assessment was within discretion, properly premised on the Fourth Schedule of the Auctioneer’s Rules, and not so erroneous as to constitute injustice or error of principle. Items not provided for in the Rules were correctly assessed off. No grounds to interfere with the magistrate’s decision.

Court Disposition

Application dismissed; magistrate’s decision upheld.

Orders

  • Respondent awarded costs of the application, capped at Kshs. 5000/-