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MagistratePartially AllowedNot stated in the judgment· [2026] KEMC 481 (KLR)

Magoma v Ndoro (Civil Case E1906 of 2024) [2026] KEMC 481 (KLR)

Magistrates' Court
30 July 2026
2,225 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~9 min to read original · ~4 min brief

The bottom line

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A Mombasa court awarded a matatu accident victim Kshs.823,444 after the driver's side offered no evidence, proving that showing up and documenting matters.

What this practically means

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Executive summary

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The Plaintiff sued for damages arising from a road traffic accident on 21st January 2024 along the Mombasa–Malindi Road at Magongo Stage, in which Motor Vehicle Registration No. KBJ 679D Nissan Matatu allegedly veered off the road onto the pedestrian pathway and knocked her while she stood at a bus stage. She claimed general damages, special damages of Kshs.23,444, costs and interest. The Defendant denied ownership of the vehicle, negligence and the injuries pleaded, and alternatively pleaded contributory negligence, but did not attend the consent-taken hearing and adduced no evidence; the defence was closed without evidence. The Plaintiff testified and produced a Police Abstract, P3 Form, treatment notes and a medical report. The court framed four issues: liability, proof of injuries, quantum and costs. It held that pleadings are not evidence, and relying on CMC Aviation Ltd v Cruisair Ltd and Motex Knitwear Ltd v Gopitex Knitwear Mills Ltd, found the plaintiff's evidence wholly uncontroverted and proved on a balance of probabilities, holding the Defendant 100% liable; the contributory negligence plea also failed for want of evidence. On quantum, the court compared four fracture authorities, found them largely involving more severe injuries, and took account of inflation, awarding Kshs.800,000 general damages. Applying Hahn v Singh, it found special damages of Kshs.23,444 specifically pleaded and strictly proved by receipts. Under Section 27 of the Civil Procedure Act, costs were awarded to the plaintiff, with interest on general damages from judgment and on special damages from filing suit. Judgment was entered for the Plaintiff at a total of Kshs.823,444.

Key legal issues

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01

Liability where the defendant calls no evidence

Holding

The Defendant was held 100% liable; the plaintiff's uncontroverted evidence proved the case on a balance of probabilities and the pleaded contributory negligence failed for want of evidence

Reasoning

The plaintiff was the sole witness; her testimony that the matatu veered onto the pedestrian pathway was clear, consistent and corroborated by the Police Abstract, P3 Form, treatment notes and medical report. The Police Abstract blamed the defendant's driver. The hearing date was taken by consent, so the defendant had notice, yet adduced no evidence. Pleadings are not evidence, and the defence therefore remained unsupported.

p. 3
02

Quantum of general damages for fractures of the tibia and fibula without permanent disability

Holding

Kshs.800,000 awarded, an increase from the initially proposed Kshs.500,000 within the same paragraph, guided by comparability and inflation

Reasoning

The court reviewed four comparable authorities, noting that their injuries were generally more severe (femoral or compound fractures, surgical fixation, malunion, future surgery). There was no evidence of permanent disability, malunion, implants, limb shortening or future medical expenses. The court took judicial notice of inflation and current trends, holding Kshs.500,000 fair but ultimately awarding Kshs.800,000 to reflect current trends for tibia and fibula fractures.

p. 5
03

Proof of special damages

Holding

Special damages of Kshs.23,444 (medical expenses Kshs.21,444 and medical report fee Kshs.2,000) were specifically pleaded and strictly proved by receipts admitted without objection

Reasoning

Applying Hahn v Singh, the court required specific pleading and strict proof. The plaintiff tendered receipts for medical expenses of Kshs.21,444 and medical report charges of Kshs.2,000. The receipts were admitted without objection and no contrary evidence was adduced, so the full pleaded sum was awarded.

p. 5

Legal principles established

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  • Pleadings are not evidence; a defence unsupported by evidence remains mere allegations
  • Special damages must be specifically pleaded and strictly proved
  • Costs follow the event unless the court, for good reason, orders otherwise

Court orders

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  1. 1.The Defendant is found 100% liable for the accident.
  2. 2.General damages for pain, suffering and loss of amenities: Kshs.800,000.
  3. 3.Special damages of Kshs.23,444.
  4. 4.Costs of the suit to the Plaintiff.
  5. 5.Interest on general damages at court rates from the date of Judgment until payment in full.
  6. 6.Interest on special damages at court rates from the date of filing suit until payment in full.
Jurisdiction invoked
Original civil jurisdiction of the magistrates' court over a tort claim for damages arising from a road traffic accident

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Magoma v Ndoro (Civil Case E1906 of 2024) [2026] KEMC 481 (KLR)", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/481/eng@2026-07-30

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.