The court found that the execution of the decree by the respondent was irregular as it was done more than one year after the judgment without issuance of a notice to show cause, in breach of Order 22 Rule 18(1) of the Civil Procedure Rules. The court further held that although the parties had agreed by consent to set aside the judgment and the appellant had paid Kshs 15,000 as throw away costs, the consent was not filed or adopted as a court order and thus could not be enforced as such. However, the trial court erred in awarding Kshs 50,000 as costs for both the auctioneer's expenses and the application, as the respondent's execution was irregular and premature. The appellate court set aside the order for payment of Kshs 50,000, holding that the trial court failed to consider the irregularity of the execution and that the appellant should not be condemned to pay auctioneer's costs incurred through an unlawful process. Each party was ordered to bear its own costs for the appeal.