Kinyanjui v Arthur (Civil Case E159 of 2025) [2026] KEMC 183 (KLR)
The bottom line
#A Kenyan court awarded a land buyer back Kshs. 50,000 in proven expenses after a seller breached their agreement, but refused extra 'general damages' for the breach itself.
What this practically means
#Executive summary
#Key legal issues
#Proof of special damages
The plaintiff strictly proved the special damages of Kshs. 50,000/= through the sale agreement and M-Pesa statements, and the claim stood unchallenged as the defendant did not enter appearance
The court reiterated the requirement that special damages be pleaded concisely and strictly proved. The plaintiff produced the sale agreement and M-Pesa statements establishing payment of Kshs. 29,000/= to Crystal Valuers Ltd and legal fees of Kshs. 6,000/= and Kshs. 15,000/=. The defendant's failure to enter appearance or file a defence left the averments unchallenged, and judgment was entered for the full sum claimed.
Availability of general damages for breach of contract
General damages were refused; the facts disclosed no oppressive, high-handed or vindictive conduct by the defendant
Counsel conceded the general rule that general damages are not awardable for a pure breach of contract and relied on authorities carving out an exception where conduct is oppressive or vindictive. The court distinguished those authorities: here only a short time lapsed before suit, the plaintiff did not prove payment of the deposit of Kshs. 2,500,000/=, did not take possession, made no financial investment beyond the sums claimed, and no evidence showed dealings beyond the land transaction.
Interest on the award
Interest on the special damages and costs accrues at court rates from the date of filing suit until payment in full
Relying on Mukisa Biscuits Manufacturing Company Limited v West End Distributors Limited (1970) EA 469, the court held that a person deprived of a liquidated amount through another's wrongful act should be awarded interest from the date of filing suit. Interest was accordingly granted on both the judgment sum and costs from the date of filing until payment in full.
Legal principles established
#- Special damages must be specifically pleaded and strictly proved
- General damages are not ordinarily awardable for a pure breach of contract, save where the conduct is oppressive, high-handed, outrageous, insolent or vindictive
- Interest on a liquidated amount deprived through another's wrongful act runs from the date of filing suit
Court orders
#- 1.Judgment entered in favour of the plaintiff against the defendant in the sum of Kshs. 50,000/=
- 2.The plaintiff shall have the costs of the suit
- 3.Interest shall accrue on the judgment sum and costs at court rates from the date of filing suit until payment in full
- Jurisdiction invoked
- Original civil suit on breach of a sale agreement (contract and land transaction); specific statutory jurisdiction not stated in the judgment
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kinyanjui v Arthur (Civil Case E159 of 2025) [2026] KEMC 183 (KLR)", Case Analysis (2026). MCCC E159 of 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/183/eng@2026-06-24
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.