Motrex Limited v Dahir & another (Civil Case E134 of 2023) [2025] KEMC 301 (KLR)
The bottom line
#A Kenyan court dismissed a Ksh 1 million accident damage claim because the company had no payment receipts proving it actually repaired the vehicle.
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
#Whether the plaintiff proved its claim for special damages of Ksh. 1,041,528
The claim failed; the plaintiff produced only a quotation and an invoice, which are not proof of payment, and there was no evidence the vehicle was repaired
The court reaffirmed the rule that special damages must be specifically pleaded and strictly proved. Drawing on Nizar Virani, Ouma v Nairobi City Council, Hahn v Singh and Christine Mwigina Akonya, it held that actual receipts, not pro forma invoices or quotations, are required. The plaintiff produced an assessment report showing damage but no receipts for repair payments. Applying David Bagine v Martin Bundi, expert/assessor evidence and proof of actual expenditure were lacking. Liability had been settled by consent at 80/20, but quantum failed for want of strict proof, so the suit was dismissed with costs.
Legal principles established
#- Special damages must be specifically pleaded and strictly proved
- A quotation or invoice is not proof of payment; only actual receipts substantiate a claim for special damages
- Material damage may be compensated either by proven repair costs (supported by receipts) or, where the property is written off, by pre-accident value less salvage value
Court orders
#- 1.The plaintiff's suit is dismissed
- 2.The suit is dismissed with costs to the defendants
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- First-instance civil claim in tort for special damages arising from a road traffic accident (plaint dated 21/7/2023)
Relief refused
#Special damages of Ksh. 1,041,528
No payment receipts were produced; a quotation and an invoice are not proof of payment and the plaintiff did not prove the repair costs or that the vehicle was repaired
Costs of the suit and interest
The suit failed on proof of special damages and was dismissed with costs against the plaintiff
Costs
Suit dismissed with costs (to the defendants)
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.
It is trite law that special damages must be specifically pleaded and strictly proved.
A quotation and invoice are not proof of payment. Without proof of payment for the repair costs, the plaintifi would have no legal basis to claim special damages. There is even no evidence to show that the motor vehicle was repaired.
In summary, I hold that the plaintifi has failed to prove its case on a balance of probabilities as against the defendants. Consequently, I proceed to dismiss the suit with costs.
Issues in the judgment
#The case number of the suit is not stated anywhere in the judgment
The judgment contains an internal inconsistency in the stated amount of special damages pleaded: 'Ksh. 1,041,528' in the plaint and 'Ksh. 1.041,528' in the analysis
The consent on liability dated 5/8/2025 post-dates the filing and appears late in the proceedings, but the judgment does not explain the delay
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Motrex Limited v Dahir & another (Civil Case E134 of 2023) [2025] KEMC 301 (KLR)", Case Analysis (2025). Not stated in judgment (suit filed 26/7/2023). Source: https://new.kenyalaw.org/akn/ke/judgment/kemc/2025/301/eng@2025-11-25
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.