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Small ClaimsPartially AllowedNot stated in the judgment· [2026] SCC 44 (KLR)

Simon v River Annex Ltd (Commercial Case E5523 of 2025) [2026] SCC 44 (KLR)

Small Claims Court
29 June 2026
GKGladys W. Kiamah
835 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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What this practically means

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Executive summary

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The claimant sued the respondent car wash operator for Kshs. 405,444 (USD 2,938), alleging that his motor vehicle registration KDK 007E Jeep Wrangler Sport 2015 was negligently damaged during a car wash when water spilled onto the dashboard, destroying the after-market dashboard unit. The respondent admitted providing the cleaning service in April 2025 but denied causing any damage, contending the vehicle was released in good condition, the damage was reported days later, no staff admitted liability, and the claim was inconsistent and exaggerated since the claimant first demanded USD 999 before raising the claim to USD 2,938. The matter proceeded by way of written submissions under Section 30 of the Small Claims Act. The court identified one issue: whether the claimant proved the respondent's liability for the damage. Applying the balance of probabilities and Sections 107-109 of the Evidence Act, the court found a contract for services evidenced by payment of Kshs. 9,000, and relied on a job card from Big Cras Centre dated 21/4/2025 showing a blurry, non-functioning display with water particles visible, photographic evidence, and the respondent's officer's indication that water likely splashed onto the dashboard. It held the respondent failed to exercise reasonable care and skill and that a causal link existed. On quantum, however, the court found the USD 2,938 claim inconsistent with the earlier USD 999 demand and noted the PayPal receipt covered unrelated items, limiting liability to USD 999 to avoid unjust enrichment. Judgment was entered for USD 999 at CBK rates, with costs of Kshs. 15,000 to the claimant and 30 days' stay of execution to the respondent.

Key legal issues

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01

Liability for damage to the claimant's vehicle during car wash services

Holding

The claimant proved on a balance of probabilities that the respondent's car wash services caused water spillage that damaged the dashboard

Reasoning

A contract for services was established through proof of payment of Kshs. 9,000, which was not denied. A job card from Big Cras Centre dated 21/4/2025, about six days after the service, showed the dash display blurry and not working with water particles visible, and photographs corroborated the damage. Respondent's officer indicated water likely splashed on the dashboard, and the timelines were not unreasonably apart, establishing the causal link.

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02

Quantum of damages

Holding

Only USD 999 was awardable; the larger claim of USD 2,938 was not sustained

Reasoning

The claimant's earlier pro-forma invoice demanded USD 999, and the later PayPal receipt for USD 2,938 covered unrelated items including a K1 radio, Batman camera and 4 vent lights. Awarding the full amount would unjustly enrich the claimant, so judgment was limited to the consistent, directly-related figure of USD 999.

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Legal principles established

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  • The standard of proof in civil claims is on a balance of probabilities
  • Sections 107, 108 and 109 of the Evidence Act place the burden of proof of a fact on the person who wishes the court to believe in its existence
  • A service provider must exercise reasonable care and skill

Court orders

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  1. 1.Judgment entered in favour of the claimant as against the respondent for the sum of USD 999 or the equivalent in Kshs as per the CBK rates on the date of judgment
  2. 2.The claimant is awarded costs of Kshs. 15,000/=
  3. 3.The respondent is awarded 30 days stay of execution
Jurisdiction invoked
Section 30 of the Small Claims Act

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, "Simon v River Annex Ltd (Commercial Case E5523 of 2025) [2026] SCC 44 (KLR)", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/scc/2026/44/eng@2026-06-29

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