Patriotic Group of Companies Ltd v Sewe & 15 others (Appeal E020 of 2024) [2025] KEELRC 2070 (KLR)
The bottom line
#The High Court in Kisumu dismissed a debtor's application because she could not prove she had actually paid the judgment debt.
What this practically means
#Executive summary
#Key legal issues
#Whether the applicant discharged the burden of proving payment
The applicant failed to discharge the burden of proof on a preponderance of probabilities
The applicant asserted it had paid the decretal sum of Kshs.809,594 but produced only a letter, no bank statement, deposit slip or transfer evidence. Cheques issued to the auctioneer were not all honoured, and one was dishonoured. Storage charges were still accruing. The court held that payment via bank account or cheque leaves a definite documentary trail which the applicant did not produce.
Whether a cheque constitutes evidence of payment
A cheque is not evidence of payment until honoured by the drawee bank
The applicant relied on three post-dated cheques of Kshs.50,000 each in favour of the auctioneer, only one of which had been honoured and one dishonoured. The court held that a cheque is neither legal tender nor evidence of payment until actually paid by the drawee bank, so the cheques could not establish settlement of the fees.
Legal principles established
#- A cheque is neither legal tender nor evidence of payment until honoured by the drawee bank
- He who alleges bears the burden of proof (Sections 107 and 109 of the Evidence Act)
- Mere averments do not amount to evidence
Court orders
#- 1.The Notice of Motion dated 14th May, 2025 is dismissed with costs
- On appeal from
- Magistrate's Court
- Jurisdiction invoked
- Sections 1A, 1B and 3A of the Civil Procedure Act and Order 40 Rules 1 and 2 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Patriotic Group of Companies Ltd v Sewe & 15 others (Appeal E020 of 2024) [2025] KEELRC 2070 (KLR)", Case Analysis (2025). Notice of Motion dated 14th May, 2025 (in an appeal against the decision of the Magistrate's court). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2070/eng@2025-07-14
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.