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It was a sigh of relief for former chairman of Mugomo ini Farmers Company in Gatanga, Murang’a, after the High Court ordered return of property that had been attached by an auctioneer in July.
Justice James Wakiaga ordered release of the property belonging to Francis Ngone held by an auctioneer following conflict between the company's shareholders over alleged Sh7 million that went missing after sale of land.
The Judge ordered that a vehicle at the centre of conflict be released to the Cooperative Bank of Kenya through its lawyer Kimani Waweru upon payment of the auction charges inclusive of storage charges.
The order was issued after the bank lodged an application on grounds that one of the vehicles was security to a loan granted to Ngone.
The property was attached by Beta Base Auctioneers on July 13, in his home following a protracted row over repayment of the Sh14 million to Mugumo ini company.
“Once the applicant pays the storage charges to the auctioneers the goods and the vehicles will be released,” ruled the judge.
Justice Wakiaga directed that the Sh4.5 million be deposited in an interest earning account held by lawyer Millicent Small and Sh3 million to remain in court.
During the proceedings, Ngone’s lawyer Charles Kanjama argued that conduct of the auctioneer when executing a court order was unlawful.
The court ordered that the unlawful conduct of the auctioneer be referred to the Auction board for determination.
The matter will be mentioned on December 5, to fix a hearing date for the submissions for an appeal that the judge allowed after an application.
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