Makasoma v Dondi & another (Commercial Case E4168 of 2026) [2026] SCC 192 (KLR)
The bottom line
#A Nairobi court dismissed a Kshs. 810,000 refund claim because the customer's own signed delivery notes proved most of the fabricated items were delivered.
What this practically means
#Executive summary
#Key legal issues
#Whether the claimant proved entitlement to a refund of Kshs. 810,000/=
Claim dismissed; delivery notes proved substantial delivery and claimant did not challenge them
The claimant sought refund of the full Kshs. 810,000/= on the basis that the contracted work was not done. The respondents produced delivery notes demonstrating that a substantial portion of the fabricated items was delivered and received by the claimant, and the claimant did not deny or challenge those delivery notes. There was also evidence of demand for the balance upon completion. The refund claim was therefore unsustainable.
Whether the outstanding balance of Kshs. 100,000/= was payable
Yes; both parties acknowledged the balance was payable upon completion, and no complaints of incomplete works were raised
Both parties relied on documents acknowledging an outstanding balance of Kshs. 100,000/= payable upon completion. The WhatsApp correspondence produced by the claimant raised only the replacement of a window, with no complaints of incomplete works or dispute over the balance, which the respondents consistently demanded. The court found the balance payable and entered judgment for the respondent on the counterclaim.
Whether the counterclaim for storage charges was proven
Declined; demand letter alone insufficient without evidence of the basis and quantum of the charges
The respondents produced a demand letter dated 23/4/2025 notifying the claimant of storage charges at Kshs. 200/= per day. However, no evidence was produced demonstrating the nature and quantity of the goods retained, their completion, or the contractual basis for the charges. No records, invoices, receipts or other substantiating evidence were tendered, so the storage charge claim remained unproved and was declined.
Legal principles established
#- The standard of proof in civil matters is on a balance of probabilities
- He who alleges must prove, per Sections 107 and 108 of the Evidence Act
Court orders
#- 1.The claim is unmerited and hereby dismissed
- 2.Judgment is entered in favor of the respondent as against the claimant for the sum of Kshs. 100,000/=
- 3.The sum shall attract interest at court rate from the date of judgment till payment in full
- 4.The respondent is awarded costs of the suit assessed at Kshs. 10,000/=
- 5.The respondent is awarded 30 days stay of execution
- Jurisdiction invoked
- Section 30 of the Small Claims Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Makasoma v Dondi & another (Commercial Case E4168 of 2026) [2026] SCC 192 (KLR)", Case Analysis (2026). SCCE4168 OF 2026. Source: https://new.kenyalaw.org/akn/ke/judgment/scc/2026/192/eng@2026-08-07
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.