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Case Brief · caselaw.co.ke
Court of AppealDismissedNot stated in the judgment (second appeal from Nairobi, Commercial and Tax Division)· [2025] KECA 988 (KLR)

Toddy Civil Engineering Limited v Adkins Equipment Supplies Limited

Court of Appeal of Kenya
30 May 2025
1,978 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~8 min to read original · ~4 min brief

The bottom line

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The Court of Appeal dismissed Toddy Civil Engineering's appeal, confirming that simply denying a debt without proof of payment is not a defence in Kenya.

What this practically means

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Executive summary

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This was a second appeal by Toddy Civil Engineering Limited against a High Court judgment of P.J. Otieno, J. delivered on 13th September 2019, which had set aside the trial magistrate's dismissal of a claim by Adkins Equipment Supplies Limited for Kshs.2,850,000 for unpaid sand deliveries. The claim arose from an oral contract under which the respondent supplied sand at Kshs.25,000 per lorry load. The parties consented at trial to determine the dispute on filed documents without calling witnesses. Only the respondent filed documents: delivery notes showing 114 unpaid loads, invoices and a bank statement. The appellant, which admitted the contract and deliveries but pleaded that it had paid in full, filed no documents. The High Court, applying Ragbit Singh Chatte, found the defence a mere denial and invoked section 112 of the Evidence Act on facts of special knowledge. The Court of Appeal framed two issues: whether the Judge erred in finding no sufficient defence, and whether the respondent's case stood uncontroverted. The Court held the appellant's defence was evasive and unsupported by any evidence of payment, and that the respondent's documentary case was uncontroverted. The appeal was dismissed with costs to the respondent. The decision binds lower courts on the insufficiency of bare denials and proof of payment pleadings.

Key legal issues

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01

Sufficiency of a defence consisting of a bare denial of indebtedness

Holding

The appellant's defence that it had paid for all sand delivered was evasive and insufficient because it was unsupported by any witness statement or documentary proof of payment

Reasoning

The appellant admitted the contract and deliveries of sand but pleaded payment without tendering any evidence of it. The respondent's claim was supported by witness statements, delivery notes, invoices and a bank statement, unchallenged since no witnesses were called under the parties' consent. Relying on Ragbit Singh Chatte, the Court held a mere denial without reasons is not a sufficient defence and a party alleging payment must prove it.

p. 4
02

Whether the respondent's documentary case stood uncontroverted on the agreed documents-only mode of trial

Holding

Because the parties agreed to decide the dispute on filed documents without calling witnesses, and only the respondent filed documents evidencing delivery and outstanding payment, the respondent's case was uncontroverted and proved

Reasoning

The consent regime meant no cross-examination would test the documents. The respondent filed delivery notes showing 114 unpaid lorry loads at Kshs.25,000 each, totalling Kshs.2,850,000, plus a bank statement of payments. The appellant filed no documents at all. The High Court was therefore right to allow the claim, and the Court of Appeal found no error in that conclusion.

p. 4

Legal principles established

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  • A second appellate court confines itself to matters of law unless the courts below considered matters they should not have, failed to consider matters they should have, or the decision is perverse
  • A mere denial of liability without reasons is not a sufficient defence; a defendant must answer the point of substance and, where payment is alleged, must prove it
  • Where a party denies an allegation in a pleading, the denial must not be evasive but must answer the point of substance

Court orders

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  1. 1.Appeal dismissed
  2. 2.Costs of the appeal awarded to the respondent
On appeal from
High Court of Kenya at Milimani, Nairobi
Not stated in the judgment
Jurisdiction invoked
Second appeal to the Court of Appeal under the applicable appellate framework; the judgment identifies the matter simply as 'a second appeal' without citing the specific provision

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Toddy Civil Engineering Limited v Adkins Equipment Supplies Limited", Case Analysis (2025). Not stated in the judgment (second appeal from Nairobi, Commercial and Tax Division). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/988/eng@2025-05-30

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.