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Small ClaimsAllowedNot stated in the judgment

M’Alaine v Wacha (Commercial Case E012 of 2024) [2024] SCC 9 (KLR)

Small Claims Court
9 October 2024
FMFlavian M. Mulama
250 words in judgment
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The bottom line

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A Lamu court awarded a shop owner Kshs.170,000 after the debtor ignored the claim—ignore a Small Claims Court case and judgment enters automatically.

What this practically means

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Executive summary

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This was a small claim before the Lamu Small Claims Court in which the claimant, a shop and hotel owner, sued Bruce Wacha for an unpaid debt of Kshs.200,000/= arising from an agreement under which the respondent took goods on credit from the claimant's shop and meals at his hotel, to be paid later. The respondent failed to pay, prompting the suit. Although the claim was served, the respondent refused or ignored entering appearance or filing a response. The claimant informed the court, however, that following service of the claim the respondent had paid Kshs.30,000/= in three equal instalments, leaving a balance of Kshs.170,000/=. The court found that the time for filing a response had lapsed and entered default judgment in favour of the claimant pursuant to Section 27 of the Small Claims Court Act (SCC). The claim was allowed in the sum of Kshs.170,000/=. Costs of the claim were awarded to the claimant, assessed at an all-inclusive sum of Kshs.10,000/=. The court further directed that the file be closed forthwith. The judgment was delivered at Lamu on 9 October 2024 by Hon. Flavian M. Mulama, Adjudicator/Resident Magistrate.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether default judgment should be entered against the respondent for failure to file a response within the prescribed time
  2. 2.What sum is due to the claimant and at what costs

Key legal issues

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01

Default judgment for non-filing of a response

Holding

Default judgment was entered in favour of the claimant as against the respondent, with the debt reduced from Kshs.200,000/= to the admitted/remaining balance of Kshs.170,000/= after part payment of Kshs.30,000/=.

Reasoning

The claimant supplied goods on credit and meals at his hotel to the respondent under an agreement. The debt accrued to Kshs.200,000/= and was unpaid. After service of the claim, the respondent neither entered appearance nor filed a response, though he paid Kshs.30,000/= in three instalments, leaving a balance of Kshs.170,000/=, which the court awarded.

p. 1

Legal principles established

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  • Where a respondent fails to enter appearance or file a response within the prescribed duration, the court may enter default judgment under Section 27 of the Small Claims Court Act.

Court orders

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  1. 1.Default judgment entered in favour of the claimant against the respondent pursuant to Section 27 of the SCC
  2. 2.The claimant is awarded Kshs.170,000/=
  3. 3.The claimant is awarded costs of the claim assessed at Kshs.10,000/= all inclusive
  4. 4.The file is closed forthwith

The bench

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One judgment of the whole court — no separate or dissenting opinions.

FM
majority

Wrote the judgment

Jurisdiction invoked
Section 27 of the Small Claims Court Act (SCC)

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

Since the duration within which the respondent was required to file his response has since lapsed, default judgment pursuant to Section 27 of the SCC is hereby entered in favour of the claimant as against the respondent.
p. 1Default judgment under Section 27 of the Small Claims Court Act
The claimant is awarded Kshs.170,000/=.
p. 2Final orders - decretal sum
The claimant is awarded costs of the claim assessed at Kshs. 10,000/= all inclusive.
p. 2Final orders - costs
Let the file be closed forthwith.
p. 2Final orders - closure of file

Issues in the judgment

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minor

The claimant's name does not appear anywhere in the judgment extract; the parties are referred to only as 'the claimant' and 'the respondent' (Bruce Wacha).

minor

The case number is not stated in the judgment extract.

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, "M’Alaine v Wacha (Commercial Case E012 of 2024) [2024] SCC 9 (KLR)", Case Analysis (2024). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/scc/2024/9/eng@2024-10-09

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