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Small ClaimsAllowedNot stated in judgment· [2021] SCC 2 (KLR)

Changalwa t/a Champion Radiators v Passing Clouds Kenya Limited (Commercial Case 81 of 2021) [2021] SCC 2 (KLR)

Small Claims Court
4 June 2021
422 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~2 min to read original · ~4 min brief

The bottom line

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A Nairobi court ordered a client to pay Ksh. 74,400 plus interest and costs for unpaid repair services, because stamped delivery documents proved the debt.

What this practically means

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Executive summary

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The Claimant sued for Ksh. 74,000/= being the unpaid cost of radiator repair, maintenance and supply services rendered to the Respondent on diverse dates, plus interest from 23rd April 2019 and costs. The Respondent filed a defence dated 22nd July 2019 denying any arrears and putting the Claimant to strict proof. The matter was transferred to the Small Claims Court on 4th May 2021. At the hearing, the Respondent, though duly served with a hearing notice, did not appear and the matter proceeded undefended. The Claimant testified and produced cost estimate advices, delivery notes, invoices and a statement of account addressed to the Respondent, bearing the Respondent's stamp acknowledging receipt of the services. The Adjudicator framed two issues: whether the Claimant rendered the services and whether payment was made. On the first, the stamped documents were found reliable and credible, and the claim being uncontroverted, the court found the services were rendered. On the second, the statement of account dated 23rd April 2019 showed arrears of Ksh. 74,400/= for services from January to April 2017, undisputed by any evidence. The court held the claim proved on a balance of probabilities and awarded the sum of Ksh. 74,400/= with interest at court rates from the date of filing and costs to the successful Claimant. Judgment was delivered at Nairobi on 4th June 2021 by Judith Omollo, Resident Magistrate/Adjudicator.

Key legal issues

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01

Whether the Claimant rendered radiator repair, maintenance and supply services to the Respondent

Holding

The Claimant rendered the repair services to the Respondent

Reasoning

The Claimant produced delivery notes and cost estimate advices addressed to the Respondent bearing the Respondent's stamp acknowledging receipt of the services. The court found these documents reliable and credible and admitted them in evidence. Since the claim was uncontroverted, the court found the services were rendered.

p. 2
02

Whether payment for the services was made

Holding

The services were not paid for; arrears of Ksh. 74,400/= were outstanding

Reasoning

The Claimant demonstrated through invoices and a statement of account dated 23rd April 2019 that the Respondent was in arrears of Ksh. 74,400/= for services rendered from January to April 2017. The Respondent, though served with hearing notice, did not appear to tender evidence disputing the claim, leaving it uncontroverted.

p. 2

Legal principles established

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  • A claim supported by documentary evidence that goes uncontroverted due to the defendant's absence is proved on a balance of probabilities

Court orders

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  1. 1.Judgment entered for the Claimant against the Respondent for Ksh. 74,400/-
  2. 2.Interest at court rates from the date of filing the suit until payment in full
  3. 3.Costs of the suit to the Claimant as the successful party
Jurisdiction invoked
Original small claims jurisdiction; matter transferred to the Small Claims Court on 4th May, 2021 (transferring provision not stated in judgment)

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, "Changalwa t/a Champion Radiators v Passing Clouds Kenya Limited (Commercial Case 81 of 2021) [2021] SCC 2 (KLR)", Case Analysis (2021). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/scc/2021/2/eng@2021-06-04

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