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Small ClaimsAllowedNot stated in the judgment· [2026] SCC 63 (KLR)

Hassan v Dore (Commercial Case E99417 of 2025) [2026] SCC 63 (KLR)

Small Claims Court
3 July 2026
734 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Nairobi court ordered a car seller to refund Kshs. 737,504 because payments were proven with documents and the seller's illegality defence had no evidence behind it.

What this practically means

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Executive summary

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The claimant sued the respondent in the Small Claims Court for Kshs. 737,504.00/=, alleging that under a car sale agreement the respondent had received that sum as part of the purchase price for a Mercedes Benze but failed to deliver the vehicle or refund the money. The respondent, through grounds of opposition dated 4/9/2025, contended that the claim was a non-starter because the parties had an illegal oral agreement for the respondent to import the vehicle under the Disability Duty Exemption (DDE) program, and alternatively denied the transaction and put the claimant to strict proof. The matter proceeded under Section 30 of the Small Claims Act, with only the claimant filing submissions. The court framed the main issue as whether the claimed amount was satisfactorily proven, applying the balance of probabilities standard and Sections 107, 108 and 109 of the Evidence Act. The claimant produced an executed sale agreement dated 8/3/2025 providing for sale of the vehicle for Kshs. 1,300,957/=, reflecting Kshs. 737,504/= paid and a balance of Kshs. 563,453/=, with delivery or refund due by 30/5/2025, plus documentary proof of payments. The court found the illegality defence a mere allegation unsupported by evidence, and held that sums paid were recoverable in the absence of delivery. Judgment was entered for the claimant for Kshs. 737,504.00/= plus interest at court rate, with costs of Kshs. 40,000/=, and the respondent was granted 30 days stay of execution.

Key legal issues

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01

Whether the claimant proved the claimed amount of Kshs. 737,504.00

Holding

The claim was proven: the executed sale agreement and documentary proof of payments showed the claimant paid Kshs. 737,504/= and the vehicle was never delivered, making the sums recoverable.

Reasoning

The claimant produced a car sale agreement executed by both parties, providing for sale of a Mercedes Benze for Kshs. 1,300,957/=, reflecting Kshs. 737,504/= paid and a balance of Kshs. 563,453/=. The respondent did not denounce the agreement. Delivery by 30/5/2025 or refund the same day did not occur, and documentary proof of payments existed. Applying the balance of probabilities standard and Sections 107-109 of the Evidence Act, the court found the sums paid recoverable in the absence of delivery.

p. 2
02

Whether the agreement was an illegal contract under the DDE program as contended by the respondent

Holding

The allegation of illegality failed for want of proof; the defence could not succeed on a mere allegation.

Reasoning

The respondent claimed the vehicle was to be imported under the Disability Duty Exemption program rendering the contract illegal, but produced no evidence such as correspondence or import documents supporting that allegation for the specified vehicle. The agreement itself contained no such provision. Applying Palace Investment Ltd v Geoffrey Kariuki Mwenda, the party bearing the burden must adduce evidence of sufficient quality; the respondent failed to discharge it, so the illegality defence remained a mere allegation.

p. 2

Legal principles established

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  • The standard of proof in civil claims is on a balance of probabilities
  • The burden of proof lies on the party who asserts a fact, and where the evidence is evenly balanced or insufficient, that party fails

Court orders

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  1. 1.Judgment entered in favour of the claimant against the respondent for the sum of Kshs. 737,504.00/= plus interest at court rate from the date of judgment till payment in full
  2. 2.Claimant awarded costs of Kshs. 40,000/=
  3. 3.Respondent awarded 30 days stay of execution

Authorities

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Legislation

  • Small Claims ActSection 30
  • Evidence Act, Chapter 80 of the Laws of KenyaSections 107, 108 and 109

Cases cited (2)

  • Mumbi M'Nabea v David M. Wachira
    [2016] eKLR
  • Palace Investment Ltd v Geofirey Kariuki Mwenda & Another
    [2015] eKLR
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, "Hassan v Dore (Commercial Case E99417 of 2025) [2026] SCC 63 (KLR)", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/scc/2026/63/eng@2026-07-03

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