Mwadime v Lelei (Commercial Case E073 of 2025) [2025] SCC 24 (KLR) (19 November 2025) (Judgment) Neutral citation: [2025] SCC 24 (KLR) REPUBLIC OF KENYA IN THE SMALL CLAIMS COURT AT VOI COMMERCIAL CASE E073 OF 2025 FM MULAMA, RM NOVEMBER 19, 2025 BETWEEN BAZIL MWANG’OMBE MWADIME ...................................................... CLAIMANT AND DAVID LELEI ........................................................................................ RESPONDENT JUDGMENT 1. By way of a statement of claim dated 31st October 2025 the claimant sued the respondent seeking the following reliefs; a. Judgment in the sum of Kshs.177,500/=. b. Costs of the claim. 2. The Claimant avers that the respondent hired a machine used for digging trenches and partially paid for it leaving a balance of Kshs.177,500/= which remains unpaid and what is being claimed. The claimant has also prayed for costs of the claim. 3. The claim is not opposed by the respondent as he refused and/or ignored to enter appearance and/or file any response to the claim. 4. I have considered the claim and the documents in support of the claim. Determination. 5. I have perused the documents as filed and evidence of service of the claim and I am satisfied that indeed service of the claim was proper. Further I have perused the claim and the supporting documents and I do find that on a balance of probabilities the claim has been proved. https://new.kenyalaw.org/akn/ke/judgment/scc/2025/24/eng@2025-11-19 1
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6. Consequently, default judgment be and is hereby entered in favour of the claimant as against the respondent for the sum claimed of Kshs.177,500/=. The claimant shall equally have costs of the suit and interests at court rates from the date of filing until payment in full. 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.177,500/= b. The claimant is granted costs of the suit limited to disbursements only and 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,19THDAY OF NOVEMBER 2025. F.M. MULAMA ADJUDICATOR/RM In the presence of: Court Assistant:- Daniel Joshua. Bazil Mwadime. https://new.kenyalaw.org/akn/ke/judgment/scc/2025/24/eng@2025-11-19 2
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