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Small ClaimsDismissedSCCCOMM No. E092 OF 2026· [2026] SCC 198 (KLR)
Umoja Magharibi Kenya Ltd v Mamati (Commercial Case E092 of 2024) [2026] SCC 198 (KLR)
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#What this practically means
#Executive summary
#The Claimant filed a statement of claim dated 22nd July 2026 seeking Kshs. 141,339/= plus costs and interest. The Respondent disputed the claim via a Statement of Response dated 3rd August 2026, contending that the entire amount had been paid and that payments totalling Kshs. 149,270/= had in fact been made. At the hearing on 12th August 2026 the parties' submissions narrowed the matter to a single issue: whether the amount claimed remained outstanding. The Adjudicator considered the pleadings and the M-Pesa statement produced in evidence. On computation, payments totalled Kshs. 149,270/= against a claim of Kshs. 141,339/=, revealing an excess payment of Kshs. 7,931/=. The claim was therefore found fully settled and without merit, and was dismissed. Although the Respondent asserted the excess payment, there was no counterclaim on file upon which an order for refund or recovery of the excess could issue; the court held it cannot grant relief absent a pleaded and proved claim. The claim for Kshs. 141,339/= was dismissed with costs to the Respondent, assessed at Kshs. 7,000/=. Judgment was delivered in open court at Malaba Small Claims Court on 12th August 2026, with Mr. Wattangah appearing for the Claimant and Micah Mamati Khisa appearing in person as Respondent.
Key legal issues
#01
Whether the claimed sum of Kshs. 141,339/= remained outstanding
Holding
The claim was fully settled; payments totalled Kshs. 149,270/=, an excess of Kshs. 7,931/= over the amount claimed, so the claim was dismissed with costs.
Reasoning
The court considered the pleadings and the M-Pesa statement produced in evidence. Computation showed payments of Kshs. 149,270/= against a claim of Kshs. 141,339/=, an excess of Kshs. 7,931/=. The claim was therefore fully settled and without merit. However, no counterclaim was on file, so no refund of the excess could be ordered.
p. 1
Legal principles established
#- A court cannot grant relief for refund or recovery of money in the absence of a pleaded and proved claim (counterclaim).
Court orders
#- 1.The Claimant's claim for Kshs. 141,339/= is dismissed
- 2.Costs awarded to the Respondent, assessed at Kshs. 7,000/=
- Jurisdiction invoked
- Small Claims Court Act (original jurisdiction of the Malaba Small Claims Court; not expressly stated in the judgment)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Umoja Magharibi Kenya Ltd v Mamati (Commercial Case E092 of 2024) [2026] SCC 198 (KLR)", Case Analysis (2026). SCCCOMM No. E092 OF 2026. Source: https://new.kenyalaw.org/akn/ke/judgment/scc/2026/198/eng@2026-08-12
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.