Two schools in tussle over ownership of 'auctioned' bus

Two schools are locked in a legal tussle over ownership of a school bus said to have been sold by auctioneers.

Kegoye Mixed Secondary School has moved to court to revoke the auctioning of its bus said to have been sold to Kakamega Hill School by an auctioneer.

The nine-year-old legal battle started when Kegoye received cereals but defaulted on paying the supplier, who then sued the school.

The supplier was awarded Sh405,000 plus cost and interests amounting to Sh870,000.

According to the principal, Alex Luyali, the school started paying the money in installments with an initial deposit of Sh200,000 through the plaintiff’s advocate, Fwaya and Company Advocates.

However, the plaintiffs dissatisfied with the slow payment, approached Eshikoni Auctioneers who attached the bus.

Consequently, Kakamega Hill School, a private primary school within Kakamega Township, bought the bus at Sh1 million on October 5, 2018.

In court papers, Mr Lugali says the purported auction was illegal as his school had been paying the money as ordered by the court.

Through Lawyer Gilbert Tarus, Kegoye has sued the auctioneer and enjoined the director, Kakamega Hill School, as an interested party.

Under a certificate of urgency, Mr Luyali wants the bus returned to Kegoye Secondary, saying the price was below the prevailing market price.

Kakamega Hill School was also barred from selling the vehicle until the matter is heard and determined.

The matter will be heard on April 2.

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Kegoye Mixed Secondary SchoolKakamega Hill School