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Small ClaimsAllowedNot stated in judgment· [2026] SCC 121 (KLR)

One to One Logistics Ltd v JH CR Dealers (Civil Case E041 of 2026) [2026] SCC 121 (KLR)

Small Claims Court
15 May 2026
TMTheresa N. Mwangeka
579 words in judgment
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The bottom line

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A Mombasa Small Claims Court struck out a defendant who had sold the accident vehicle a year earlier, but let the claimant sue the right party.

What this practically means

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Executive summary

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This Small Claims Court ruling at Mombasa, delivered on 15th May 2026 by Hon. Theresa N. Mwangeka, Resident Magistrate/Adjudicator, determined an unopposed Notice of Motion dated 30th April 2026 in which the Respondent sought to be struck out of the suit as an unnecessary and wrongly sued party. The Respondent contended it had sold and delivered the subject motor vehicle to a purchaser on 18th December 2023, evidenced by a Car Delivery Note, and therefore was not in possession, use or control of the vehicle when the alleged accident occurred on 24th June 2024, nor was the vehicle used with its authority or for its benefit. The Respondent's advocates had notified the Claimant on 20th April 2026 that their client was not the proper party. The court applied the Court of Appeal decision in P C Desai v Navin M Patel and Trusted Society of Human Rights Alliance v Mumo Matemu, holding that a wrongly sued party should not be vexed with litigation where the correct party is known. The court found no cause of action against the Respondent but, noting the Statement of Claim disclosed a viable cause of action overall and guided by Section 3(3)(b) of the Small Claims Court Act and Rule 17(1) of its Rules, allowed the application with costs of Kshs. 10,000/- to the Respondent, granted the Claimant leave to amend pleadings by 6th June 2026, and directed a mention on that date for pretrial directions and consequential orders.

Key legal issues

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01

Whether the Respondent was wrongly sued as a party to the claim

Holding

Yes – the Respondent was not in possession, use or control of the subject motor vehicle at the time of the accident, having delivered it to the purchaser on 18th December 2023

Reasoning

The Respondent annexed a Car Delivery Note dated 18th December 2023 showing the subject motor vehicle was handed over to the purchaser. The accident allegedly occurred on 24th June 2024, so the Respondent was not in possession, use or control of the vehicle then, nor was it being used with its authority or for its benefit. The Claimant maintained the suit despite being informed on 20th April 2026 that the Respondent was not the proper party.

p. 2
02

What becomes of the Claim once the wrongly sued Respondent is struck out

Holding

The Claim is not struck out in its entirety; the Claimant is granted leave to amend the pleadings and join the correct party

Reasoning

Relying on P C Desai, the court held it has power to arrest a wrong action and dismiss a case against wrongfully sued defendants while granting leave to sue the correct party. Because the Statement of Claim disclosed a viable cause of action overall, it would not be in the interest of justice to strike out the whole claim, so the application was allowed only as against the Respondent, with leave to amend.

p. 2

Legal principles established

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  • Where wrong parties are sued and the correct party is known, the court may strike out the wrongly sued party and grant leave to sue the correct party rather than allow the plaintiff to vex the wrong party with litigation
  • The power to strike out a suit is to be exercised judiciously and sparingly

Court orders

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  1. 1.The Notice of Motion Application dated 30th April 2026 is allowed as prayed with costs of Kshs. 10,000/- to the Respondent
  2. 2.The Claimant is granted leave to amend their pleadings by 6th of June 2026
  3. 3.The matter shall be mentioned on 6th June 2026 for pretrial directions and consequential orders

Authorities

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Legislation

  • Small Claims Court ActSection 3(3)(b)
  • Small Claims Court RulesRule 17(1)
  • Civil Procedure ActParties to suits (referenced generally)

Cases cited (2)

  • P C Desai Versus Navin M Patel T/A Sandpipers Constructions & Civil Engineering Services & 13 Others
    Civil Appeal No 178 Of 2000
  • Trusted Society of Human Rights Alliance vs Mumo Matemu & 5 Others
    2014 eKLR
Jurisdiction invoked
Section 3(3)(b) of the Small Claims Court Act as read with Rule 17(1) of the Small Claims Court Rules

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, "One to One Logistics Ltd v JH CR Dealers (Civil Case E041 of 2026) [2026] SCC 121 (KLR)", Case Analysis (2026). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/scc/2026/121/eng@2026-05-15

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