Murban Engineering Limited v Wanjiru alias James Gitonga Wambui & another (Civil Case E1593 of 2025) [2026] KEMC 454 (KLR)
The bottom line
#A Mombasa court awarded Murban Engineering Kshs.113,618 for vehicle damage after the defendants ignored the suit, confirming that ignoring court papers settles liability.
What this practically means
#Executive summary
#Key legal issues
#Effect of interlocutory judgment on liability
The interlocutory judgment regularly entered against the Defendants conclusively settled liability; only proof of reliefs and assessment of damages remained.
The Defendants were duly served with summons but failed to enter appearance, and interlocutory judgment was entered upon the Plaintiff's request. Relying on Felix Mathenge v Kenya Power & Lighting Company Ltd, the court held that after regular entry of interlocutory judgment, liability becomes final and the trial court's role is confined to assessment of damages. The court agreed with that statement of the law and applied it to settle liability against the Defendants.
Proof of ownership of the motor vehicles
Ownership of both vehicles was proved on a balance of probabilities through the logbook, Police Abstract and NTSA search certificate, the evidence being wholly unchallenged.
PW1 testified the KBX 166F belonged to the Plaintiff, corroborated by the logbook and Police Abstract. The NTSA search showed KCK 435Y registered to the Defendants, with the Police Abstract identifying the 1st Defendant as beneficial and insured owner. The evidence was uncontroverted, and the court was satisfied ownership was proved on a balance of probabilities.
Proof of special damages
Special damages of Kshs.113,618 were specifically pleaded and strictly proved by receipts, invoices, assessment report and payment documents; the Police Abstract fee was accepted despite absence of a receipt.
The court examined the Certificate of Examination, assessment report, repair invoice, ETR receipt and cheque evidencing payment of Kshs.105,328, plus receipts for assessment and NTSA search fees. Although no receipt existed for the Kshs.200 Police Abstract fee, the court took judicial notice that such receipts are ordinarily not issued and accepted the claim. The documentary evidence was internally consistent and unchallenged.
Legal principles established
#- Once interlocutory judgment has been regularly entered, liability is no longer an issue unless set aside; remaining proceedings are confined to proof of reliefs and assessment of damages.
- Special damages must be specifically pleaded and strictly proved.
Court orders
#- 1.Judgment entered for the Plaintiff against the Defendants jointly and severally for special damages of Kshs.113,618.00
- 2.Costs of the suit to the Plaintiff
- 3.Interest on Kshs.113,618 at court rates from the date of filing suit until payment in full
- Jurisdiction invoked
- Civil claim for special damages arising from a road traffic accident; Civil Procedure Act, Section 27 (costs)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Murban Engineering Limited v Wanjiru alias James Gitonga Wambui & another (Civil Case E1593 of 2025) [2026] KEMC 454 (KLR)", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/454/eng@2026-07-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.