REPUBLIC OF KENYA IN THE SMALL CLAIMS COURT AT KITALE COMMERCIAL CASE NO. E099 OF 2024 MOHAMMED ALI HASSAN………………..………………………... ……................................................................................................. ..........................................................CLAIMANT VERSUS JUSTICE MUKASA WANYONYI…………. ……………………………………………………………………………………………………… …………………………..RESPONDENT JUDGMENT 1. The Claimant moved this court vide a Statement of Claim dated 11 th June 2024 praying for judgment against the Respondent for: a) Judgment in the sum of Kshs. 985,800/= with interest at court rates from the date of filing this suit till payment in full b) Costs of the claim 2. The Claimant stated in his Statement of Claim that on 28 th May 2024, he entered into an oral agreement with the Respondent for the supply of 1,000 bags of maize at Kshs. 2,820,000/=. On the same date, he deposited Kshs. 900,000/= to the Respondent’s Co-operative Bank Account Number 01109426395700 Kitale Branch. The Respondent thereafter allegedly switched off his phone and failed to deliver any bag of maize to the Claimant. 3. The Claimant also averred that the Respondent’s actions caused him to incur further costs for Kshs. 35,000/= in flight charges and Kshs. 50,000/= in legal fees. Kitale SCC CC. No. E099 of 2024 Page 1 of 4 Judgment
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4. Vide a Response to the Statement of Claim dated 27 th June 2024, the Respondent denied entering into an oral agreement with the Respondent on 28th May 2024 for the supply of maize. 5. This claim was heard by way of sec. 30 of the Small Claims Court Act. Issues for Determination 6. The Parties pleadings, documents and submissions have been duly considered by this court. The only issue for determination is whether the Claimant proved their claim to the required standards. 7. A perusal of the Claimant’s exhibit (Cexh.1) shows that the Claimant deposited in the Respondent’s Co-operative Bank Account Number 01109426395700 held at Kitale Branch Kshs. 900,000/= on 28 th May 2024. On the same day the Claimant wrote a letter dated 28 th May 2024 complaining to Co-operative Bank Kitale Branch’s manager about a failed transaction arising from the Kshs. 900,000/= deposited in the Respondent’s bank account. 8. The Respondent admitted having received Kshs. 900,000/= in his Cooperative Bank account above. However, he alleged that he did not enter into any oral agreement with the Claimant regarding the sell of maize. He further alleged that his account was used by one Hellen Okumu to receive Kshs. 900,000/= from the Claimant. He added that he was not party to any transaction between the said Hellen Okumu, some farm manager, and the Respondent. 9. In light of the Respondent’s allegations or denials, this court wonders why he did not take out third-party proceedings against the alleged Hellen Okumu and the unnamed farm manager. That omission inclines this court to find that the Respondent’s response to the Claimant’s Statement of Claim was a mere denial and an afterthought that does not merit any consideration by a court of law. Kitale SCC CC. No. E099 of 2024 Page 2 of 4 Judgment
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10. It is thus probable on a balance of probabilities that the circumstances leading to the filing of this claim were as set out in the Claimant’s Statement of Claim filed herein. 11. The Claimant placed before this court an Mpesa statement for mobile phone number 0727105312 dated 11 th June 2024 evidencing payment of legal fees of Kshs. 40,000/=to his counsel on record and receipts (Cexh.3 & 4) evidencing a flight expenditure of Kshs. 35,800/=. This expenditure was incurred during the period the Claimant was following up his case against the Respondent. 12. In the absence of contrary evidence to controvert the evidence placed before this court by the Claimant, this court holds and finds that the Claimant proved his claim against the Respondent to the required standards. DISPOSITION 13. The upshot of the foregoing is that: a) Judgment is entered against the Respondent jointly and severally for the sum of Kshs. 975,800/= b) The sum of Kshs. 975,800/= shall earn interest at court rate from the date of filing this claim until payment in full c) The Claimant having been awarded legal fees of Kshs. 40,000/=, he is awarded this claim’s costs of Kshs. 1,000/= expended as filing fees 14. Judgment accordingly. 15. Decree and Certificate of Costs to issue forthwith. Signed and dated at Kitale this 15th day of September 2024 T.O. OMONO Kitale SCC CC. No. E099 of 2024 Page 3 of 4 Judgment
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ADJUDICATOR Read, signed, and delivered in open court at Kitale this 16th day of September 2024 …………………. ADJUDICATOR In the presence of: Kitale SCC CC. No. E099 of 2024 Page 4 of 4 Judgment
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