[2017] KEHC 1651 (KLR)

[2017] KEHC 1651 (KLR)

The court found that the appellant, having been admitted as an advocate, became ineligible to hold an auctioneer's licence by operation of section 10(2)(c) of the Auctioneers Act. The subsequent registration of a partnership did not alter the fact that the licence was originally issued to the appellant as a sole proprietor, and he retained an interest in the business. The court held that the appeal was not arguable and that the appellant had not demonstrated grounds for the grant of a stay of the respondent's decision. Accordingly, the application for stay was dismissed with costs to the respondent.

Citation
[2017] KEHC 1651 (KLR)
Parties
Appellant: Nathan Pala; Respondent: Auctioneers Licensing Board
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
29 November 2017
Case Number
Civil Appeal 377 of 2017
Procedural Posture
Civil Appeal / Ruling on Application for Stay Pending Appeal
Outcome
application dismissed with costs to the respondent
Judges
LM Njuguna
Legal Topics
Auctioneers Licensing, Professional Ineligibility, Partnership Law, Stay of Decision
Source Language
English
Commercial and Corporate Civil Procedure Auctioneers Licensing Professional Ineligibility Partnership Law Stay of Decision

Case Brief

Summary, issues, holding and outcome

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Parties

Nathan Pala

Appellant

Auctioneers Licensing Board

Respondent

Procedural Posture

Civil Appeal / Ruling on Application for Stay Pending Appeal

Legal Issues

  1. 1 Whether an advocate can continue to hold or benefit from an auctioneer's licence under the Auctioneers Act after admission to the bar.
  2. 2 Whether the addition of partners to an auctioneering firm affects the ineligibility of a sole proprietor who becomes an advocate.
  3. 3 Whether the applicant has satisfied the conditions for grant of stay pending appeal.

Ratio Decidendi

The court found that the appellant, having been admitted as an advocate, became ineligible to hold an auctioneer's licence by operation of section 10(2)(c) of the Auctioneers Act. The subsequent registration of a partnership did not alter the fact that the licence was originally issued to the appellant as a sole proprietor, and he retained an interest in the business. The court held that the appeal was not arguable and that the appellant had not demonstrated grounds for the grant of a stay of the respondent's decision. Accordingly, the application for stay was dismissed with costs to the respondent.

Court Disposition

application dismissed with costs to the respondent

Orders

  • The application dated 25th July, 2017 is dismissed with costs to the respondent.