Umoja Magharibi Kenya Ltd v Wafula (Commercial Case E093 of 2026) [2026] KEMC 457 (KLR)

REPUBLIC OF KENYA IN THE SMALL CLAIMS COURT AT MALABA SCCCOMM NO. E093 OF 2026 UMOJA MAGHARIBI KENYA LIMITED….................................CLAIMANT -VERSUSANTHONY WANJALA WAFULA…………….……….……. …………..RESPONDENT JUDGMENT 1. Vide a statement of claim dated 22 nd July 2026 and filed in court on 23rd July 2026 the Claimant prays for judgment in his favor for the sum of Kshs. 65,125/= together with costs and interest of the suit. 2. The Respondent disputed the claim vide a Statement of Response dated 3rd August 2026, contending that the entire amount had been paid and that, in fact, he had made an excess payment of Kshs 10,650/=. 3. This matter came up today the 12th day of August 2026 when it became apparent from the submissions of parties that the sole issue for determination is whether the amount claimed remains outstanding. 4. I have considered the pleadings and the M-Pesa statements produced in evidence. Upon computation, the payments made total to Kshs. 74,222/= whereas the amount claimed is Kshs. 65,125/= therefore being an excess of payment of Kshs. 9,097/=. 5. It is consequently clear that the Claimant's claim has been fully settled, with an excess payment of Kshs. 9,097/=. The claim is therefore without merit. 6. Although the Respondent asserts an excess payment, there is no counterclaim before the Court upon which an order for refund or Judgment SCCCOMM No. E093 OF 2026 Hon. A.Z Ogange -RM pg. 1

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