Court halts planned auction of Galaxy Middle East and Africa Ltd

Galaxy Middle East and Africa Limited has secured a temporary reprieve after the High Court stopped an auction that had been scheduled for today, pending the hearing and determination of an application filed by the company.

In the application, Galaxy filed a case in court and urged the court to issue an interim injunction restraining Siuma Auctioneers, its agents, employees, or any persons acting under its instructions from advertising for sale, conducting, or proceeding with a public auction of goods allegedly attached unlawfully from the company’s warehouse at Warehouse No. 7, Omega Business Park, Baba Dogo, Nairobi, on or about 21st August 2025.

The application, filed under a certificate of urgency, is based on several grounds, including claims that the auctioneer advertised the public auction without lawful proclamation, valid warrants, or court authorization.

The firm contends that the attachment and advertisement for sale were carried out without prior service of summons, proclamation notice, or warrants of attachment—contrary to the Civil Procedure Rules and Auctioneers Rules, 1997.

Galaxy further argued that the goods in question comprise household and electrical appliances forming the core stock-in-trade of its business, and their sale would cripple operations and cause irreparable financial and reputational damage.

The company also claims that the execution was based on an irregular and unlawful interlocutory judgment allegedly obtained in Nairobi HCCOMM No. E359 of 2025, without its participation or service of court documents—violating its constitutional right to a fair hearing under Article 50 of the Constitution.

The firm argues that unless restrained, the auction would result in the irretrievable disposal of its property, rendering ongoing proceedings and any appeal nugatory.

The plaintiff further argue that the defendants are  threatening to raid private residences, guest houses, and other business premises associated with the plaintiffs.

Through its lawyers, the company said it filed the matter timeously and in good faith, citing the urgency of the situation and insisting that the balance of convenience tilted in its favour.

"The case is anchored on the provisions of Sections 1A, 1B, 3A, and 63(e) of the Civil Procedure Act, Order 40 Rules 1 and 2 of the Civil Procedure Rules, and Articles 40, 47, and 50 of the Constitution," reads court papers