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Small ClaimsPartially AllowedNot stated in judgment· [2024] SCC 25 (KLR)

Huko v Aiveo Distributors Ltd & 2 others (Claim E036 of 2024) [2024] SCC 25 (KLR)

Small Claims Court
18 November 2024
TOT.O. Omono
1,370 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan Small Claims Court confirmed you can prove car repair costs with an assessor's report alone, but delaying repairs will slash your compensation for lost use of the vehicle.

What this practically means

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Executive summary

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This Small Claims Court claim at Kitale arose from a road traffic accident on or about 24th February 2024 along the Kitale–Eldoret road involving the Claimant's motor vehicle KBP 510 P (Honda CRV) and a Mitsubishi lorry KDE 114 P. The Claimant sought Kshs. 252,914.37/= in special damages plus Kshs. 183,000/= for loss of user, with costs and interest. The 2nd Respondent was struck out of the claim by consent on 03rd September 2024 with no orders as to costs, and on 28th October 2024 the Claimant and the 1st and 3rd Respondents recorded a consent on liability at 80%:20% in favour of the Claimant, with the claim proceeding under section 30 of the Small Claims Court Act. The only issue for determination was therefore quantum. On repair costs, the court applied Nkuene Dairy Farmers and David Bagine, holding that special damages in a material damage claim need not be shown to have actually been incurred and that an unchallenged assessor's report is sufficient proof; it awarded Kshs. 237,941.37/= for repairs, plus Kshs. 15,000/= towing and Kshs. 550/= for records. On loss of user, the court found the claimant failed to mitigate, having taken three months to repair a vehicle the assessor said needed at most five days, and awarded a reasonable Kshs. 60,000/= (30 days at Kshs. 2,000/= per day) instead of the claimed Kshs. 183,000/=. Judgment of Kshs. 313,491.37/= was entered jointly and severally against the 1st and 3rd Respondents, less 20% contributory negligence, netting Kshs. 250,793.10/=, with interest at court rate and costs assessed at Kshs. 20,000/=. A computational error was corrected under the slip rule, reducing the award from Kshs. 349,193.10/= to Kshs. 250,793.10/=.

Key legal issues

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01

Whether special damages (repair costs) must be proved by receipts

Holding

No; an unchallenged assessor's report suffices to prove repair costs to the required standard

Reasoning

Relying on Nkuene Dairy Farmers and David Bagine, the court held that special damages in material damage claims need not be shown to have actually been incurred; the claimant need only show the extent of damage and cost of restoration. The unchallenged Motor Vehicle Assessment Report proved the repair cost of Kshs. 237,941.37/=

p. 3
02

Whether the claimed loss of user for three months was recoverable

Holding

Only partially; the court awarded Kshs. 60,000/= (30 days at Kshs. 2,000/= per day) as a reasonable award reflecting the duty to mitigate

Reasoning

The assessment report indicated repairs would take at most five days, yet the claimant took three months without explanation. In the absence of evidence of diligent mitigation, the court exercised discretion to make a reasonable award based on a 30-day hire period at Kshs. 2,000/= per day

p. 4

Legal principles established

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  • Special damages in a material damage claim need not be shown to have actually been incurred; an unchallenged assessor's report is sufficient proof of repair costs without receipts
  • A plaintiff must take all reasonable steps to mitigate loss, and the reasonableness of mitigation steps is a question of fact

Court orders

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  1. 1.Judgment entered against the 1st and 3rd Respondents jointly and severally for Kshs. 313,491.37/= less 20%, net award Kshs. 250,793.10/=
  2. 2.Interest at court rate from the date of judgment till payment in full
  3. 3.Costs of the claim assessed at Kshs. 20,000/=
  4. 4.Decree to issue forthwith
Jurisdiction invoked
Small Claims Court Act, section 30

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, "Huko v Aiveo Distributors Ltd & 2 others (Claim E036 of 2024) [2024] SCC 25 (KLR)", Case Analysis (2024). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/scc/2024/25/eng@2024-11-18

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