Moiz Aliasger t/a Eldoret Glaziers Hardware v Joel Gesuka t/a Skynest County Hotel [2021] KEHC 6517 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KITALE

MISCELLENEOUS APPLICATION NO. 72 & 73 OF 2019

MOIZ ALIASGER T/A ELDORET GLAZIERS HARDWARE..............PLAINTIFF

VERSUS

JOEL GESUKA T/A SKYNEST COUNTY HOTEL.............................DEFENDANT

RULING

The Procedure adopted by which the taxed bill of costs was executed was irregular.  In the premises therefore the decree allowing the execution to proceed was Irregularly procured. The same is set aside together with all the consequential orders thereto.  The person who caused the execution to be effected shall pay the auctioneers costs. The orders shall apply in Kitale H.C Misc. Civil Application No. 73 of 2019.  It is so ordered.

DATED at Kitale this 3rd June, 2021.

L. KIMARU

JUDGE