https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/11252

https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/11252

The appeal failed because the Appellant did not prove a regular execution process: the attachment was found to have occurred in Machakos County outside the auctioneer’s licensed jurisdiction, the proclamation service was not satisfactorily proved, and the defects in the proclamation and absence of corroborating...

Source-derived case information.

Citation
[2026] KEHC 11252 (KLR)
Parties
Appellant: Julus Nyakiangana & Co Advocates; 1st Respondent: Eric Kyalo Mutuku; 2nd Respondent: John Mutuku Kioko & 3 others
Court
High Court
Jurisdiction
Kenya
Case Number
Civil Appeal E231 of 2023
Procedural Posture
Civil Appeal / Judgment on First Appeal
Outcome
Appeal dismissed with costs to the Respondents
Judges
["JM Gandani"]
Legal Topics
Execution of Decree, Warrants of Attachment and Sale, Auctioneer Jurisdiction, Service of Proclamation, Burden of Proof, Loss of Motor Vehicle, Assessment of Damages, Irregular Auction Sale
Source Language
en
Civil Procedure Auctioneers Law Insurance Law Tort Law Execution of Decree Warrants of Attachment and Sale Auctioneer Jurisdiction Service of Proclamation +4 more

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Parties

Julus Nyakiangana & Co Advocates

Appellant

Eric Kyalo Mutuku

1st Respondent

John Mutuku Kioko & 3 others

2nd Respondent

Procedural Posture

Civil Appeal / Judgment on First Appeal

  1. 1 Whether the warrants of attachment and sale were irregular
  2. 2 Whether the Appellant complied with the Auctioneers Act and Rules
  3. 3 Whether the trial court shifted the burden of proof

Ratio Decidendi

The appeal failed because the Appellant did not prove a regular execution process: the attachment was found to have occurred in Machakos County outside the auctioneer’s licensed jurisdiction, the proclamation service was not satisfactorily proved, and the defects in the proclamation and absence of corroborating evidence showed non-compliance with the Auctioneers Rules. The trial court did not shift the burden of proof; it correctly assessed that the Respondents established a prima facie case and the Appellant failed to displace it. The damages award was upheld because it was supported by the evidence of a working commercial vehicle and was not excessive.

Court Disposition

Appeal dismissed with costs to the Respondents

Orders

  • The appeal is dismissed
  • Costs of the appeal awarded to the Respondents