Mwadubai Ventures Limited v Gervasio t/a Wadawida Hotel (Commercial Case E058 of 2025) [2025] SCC 17 (KLR) (31 October 2025) (Judgment) Neutral citation: [2025] SCC 17 (KLR) REPUBLIC OF KENYA IN THE SMALL CLAIMS COURT AT VOI COMMERCIAL CASE E058 OF 2025 FM MULAMA, RM OCTOBER 31, 2025 BETWEEN MWADUBAI VENTURES LIMITED ...................................................... CLAIMANT AND GUANTAI KARIUKI GERVASIO T/A WADAWIDA HOTEL ....... RESPONDENT JUDGMENT 1. By way of a statement of claim dated 25th September 2025 the claimant sued the respondent seeking the following reliefs; a. Judgment in the sum of Kshs.40,000/=. b. Costs and interests of the claim from the date of filing until payment in full. 2. The Claimant avers he ofiers sewage exhauster services within Taita Taveta County and on several dates to wit 3rd, 24th and 31st March 2025 and on 11th April 2025 he ofiered those services at an agreed price of Kshs.3,000/= and on each of those dates he made 3 trips per day thereby earning him Kshs.9,000/ = per day. 3. The claimant further avers that in addition to Kshs.36,000/=, there was an existing unpaid balance of Kshs.19,000/= and that vide an invoice dated 3/3/2025 was partially settled leaving an additional unpaid balance of Kshs.4,000/= and as such the balance owing as at the time of filing the claim was Kshs.40,000/= after Kshs.10,000/= was paid. 4. The respondent in his response admits the claim and his own concern is that the claimant went against their agreement to allow him pay the amount in instalments starting November 2025 and since the same has been filed, he now prays to be allowed by this court to pay the amount owing in 3 monthly instalments beginning 5/11/2025. https://new.kenyalaw.org/akn/ke/judgment/scc/2025/17/eng@2025-10-31 1
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Determination. 5. The claim having been admitted, judgment on admission be and is hereby entered for the sum claimed of Kshs.40,000/= in favour of the claimant as against the respondent. 6. On the prayer to settle the amount in three (3) monthly instalments beginning 5th November 2025 in my view it is reasonable in the circumstances and I allow the said prayer by the respondent. Conclusion And Disposition. 7. 8. The upshot of the foregoing I make the following final orders; a. The claimant’s suit is hereby allowed in the sum of Kshs.40,000/=. b. The amount awarded to be paid in 3 equal instalments until payment in full. c. The claimant is awarded costs of the claim limited to disbursements only. d. The claimant is further awarded interest on the sum claimed in (a) above from the date of filing the claim until payment in full. Orders accordingly. DATED, SIGNED AND DELIVERED AT VOI SMALL CLAIMS COURT THIS 31ST DAY OF OCTOBER 2025. F.M. MULAMA ADJUDICATOR/RM In the presence of: Court Assistant:- Fathiya Loo. Claimant present. https://new.kenyalaw.org/akn/ke/judgment/scc/2025/17/eng@2025-10-31 2
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