Kyule v Prince Bus Services (Civil Case E134 of 2023) [2025] KEMC 4 (KLR)
The bottom line
#A Nakuru court awarded an accident victim only what was pleaded in the suit, refusing KES 1 million claimed late in submissions because pleadings bind the parties.
What this practically means
#Executive summary
#Key legal issues
#Effect of defendant's failure to enter appearance or file defence
Judgment in default was entered on 20th March 2024; the pleaded liquidated demand of Kshs. 114,160/- required no formal proof
The return of service shows the defendant was served but neither entered appearance nor filed a defence. Interlocutory judgment was accordingly entered. The court treated the pleaded general damages figure of Kshs. 114,160/- as a liquidated demand, holding it was recoverable as pleaded without formal proof, leaving formal proof only for assessing any unliquidated general damages.
Whether the plaintiff could be awarded Kshs. 1,000,000/- general damages and future medical costs advanced only in submissions and evidence
No - parties are bound by their pleadings; only the pleaded claim of Kshs. 114,160/- was awardable
Counsel sought Kshs. 1,000,000/- in submissions, a departure from the plaint. Relying on Migore, Mtomekela and Kathathu, the court held submissions are not evidence and evidence at variance with pleadings must be rejected. Although the injuries proved would have justified Kshs. 1,000,000/- by comparison with Kyoga Hauliers, the restrictive prayers in the plaint confined the award to Kshs. 114,160/-.
Whether the plaintiff proved the injuries pleaded
Yes - the exhibits and evidence on record proved the injuries pleaded, supporting an award of general damages
PW1 adopted his pleadings and statements as evidence in chief and produced documents. The court found the exhibits proved the injuries pleaded, and would have awarded Kshs. 1,000,000/- by comparison with Kyoga Hauliers were it not for the pleaded prayers limiting recovery to Kshs. 114,160/-.
Legal principles established
#- Parties are bound by their pleadings and evidence or submissions at variance with the pleadings must be disregarded
- Submissions do not amount to evidence unless expressly adopted as such
- A liquidated demand pleaded and undefended needs no formal proof and judgment may be entered for the pleaded amount
- In assessing general damages, comparable injuries should attract comparable awards
Court orders
#- 1.Judgment entered in favour of the plaintiff for general damages of KES 114,160/-
- 2.Judgment entered for special damages of KES 114,160/-, total KES 228,320/=
- 3.Costs of the suit to the plaintiff
- 4.Interest on the awarded sums
- Jurisdiction invoked
- Original civil jurisdiction of the magistrates' court over a negligence claim arising from a road traffic accident
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kyule v Prince Bus Services (Civil Case E134 of 2023) [2025] KEMC 4 (KLR)", Case Analysis (2025). Civil Case No E134 of 2023. Source: https://new.kenyalaw.org/akn/ke/judgment/kemc/2025/4/eng@2025-01-28
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.