Attorney General (On Behalf of the Ministry of Information Communication and Technology) v Mashline Agencies (K) Limited (Civil Case 69 of 2018) [2025] KEMC 66 (KLR)
The bottom line
#A Kenyan court awarded full pre-accident value for a totally wrecked vehicle, but only receipts, not pro forma invoices, prove special damages.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the plaintiff suffered loss and damage as a result of the alleged accident
- 2.Whether the plaintiff is entitled to damages and if so, the nature and quantum thereof
- 3.Who should bear the costs of this suit
Key legal issues
#Proof of special damages for material damage to a motor vehicle
The plaintiff proved loss and damage through the valuation and inspection report; as the vehicle was a total write-off, the pre-accident value of Ksh. 2,723,292/= was awarded without deduction of salvage value
The court set out two modes of compensation for material damage: proven repair costs by receipts, or pre-accident value where the property is written off, less salvage value if any. The valuation report showed pre-accident value of Ksh. 2,723,292/=, an assessment value of Ksh. 12,300/=, and no salvage components due to extensive damage. Relying on Summer Limited v Moses Kithinji Nkanata, the court declined to deduct the residual value since the vehicle was a total wreck.
Claim for general damages
The claim for general damages was dismissed for lack of basis and evidence
Though the plaint sought general damages, the plaintiff led no evidence of any personal injury; the only proven loss was damage to the motor vehicle, a claim for special damages which was separately assessed. The court therefore found the general damages claim had no foundation and dismissed it.
Interest on special damages
Interest on special damages to run from the date of filing suit to the date of judgment/decree
Guided by section 26 of the Civil Procedure Act and case law including Omunyokol Akol Johnson v Attorney General, the court reaffirmed that interest on special damages accrues from the date of loss, while interest on general damages runs from judgment. Since only special damages were awarded, interest was fixed from the date of filing suit.
Legal principles established
#- Special damages must be specifically pleaded and strictly proved
- A pro forma invoice is not proof of payment; only receipts substantiate loss for special damages
- Where a motor vehicle is a total wreck, compensation is the whole of the pre-accident value without deduction of salvage value
- Interest on special damages runs from the date of loss/filing of suit, while interest on general damages runs from the date of judgment
Court orders
#- 1.Special damages of Ksh. 2,723,292/= less 20% contribution of Ksh. 544,658.40/=, leaving Ksh. 2,178,633.60/= due to the plaintiff
- 2.Claim for general damages dismissed
- 3.Costs of the suit awarded to the plaintiff
- 4.Interest on the special damages awarded to accrue from the date of filing suit to the date of judgment/decree
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- First-instance civil claim in negligence and material damage before the magistrates' court (no specific constitutional or statutory jurisdictional provision invoked in the judgment)
Relief refused
#General damages
No evidence of any injury beyond the damage to the motor vehicle; the claim for general damages had no basis
Deduction of salvage/post-accident value from the pre-accident value (as sought by the defendant)
The vehicle was a total write-off with no salvageable components
Costs
Costs of the suit awarded to the plaintiff
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
In summary, I hold that the plaintifi has proven his case on a balance of probability as against the defendant. Consequently, I make the following awards:
Special damages............ .....Ksh. 2,723,292/= Less 20% contribution.......................................................................Ksh. 544,658.40/= Balance due to the plaintifi............................................................Ksh. 2,178,633.60/=
The plaintifi is also awarded costs of the suit and interest.
Consequently, interest on the special damages awarded shall accrue from the date of filing suit to the date of judgment/decree.
where the motor vehicle is a total wreck, the damage must still be the whole of the pre-accident value.
Issues in the judgment
#Inconsistent registration number for the plaintiff's vehicle: the plaint and pleadings refer to GKB 770F, but the special damages particulars state GKA 770F
Consent on liability recorded at paragraph 41, which appears out of sequence with the numbered paragraphs (which run 1 to 27), suggesting a numbering error in the judgment
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Attorney General (On Behalf of the Ministry of Information Communication and Technology) v Mashline Agencies (K) Limited (Civil Case 69 of 2018) [2025] KEMC 66 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/kemc/2025/66/eng@2025-04-14
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.