Changalwa t/a Champion Radiators v Passing Clouds Kenya Limited (Commercial Case 81 of 2021) [2021] SCC 2 (KLR)
The bottom line
#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
#Executive summary
#Key legal issues
#Whether the Claimant rendered radiator repair, maintenance and supply services to the Respondent
The Claimant rendered the repair services to the Respondent
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.
Whether payment for the services was made
The services were not paid for; arrears of Ksh. 74,400/= were outstanding
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.
Legal principles established
#- A claim supported by documentary evidence that goes uncontroverted due to the defendant's absence is proved on a balance of probabilities
Court orders
#- 1.Judgment entered for the Claimant against the Respondent for Ksh. 74,400/-
- 2.Interest at court rates from the date of filing the suit until payment in full
- 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
#Practical implications
#Frequently asked questions
#Cite this brief
#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.