Caselaw

Ombui v Obura (Commercial Case E8698 of 2024) [2026] SCC 60 (KLR) (3 July 2026) (Judgment) Neutral citation: [2026] SCC 60 (KLR) REPUBLIC OF KENYA IN THE MILIMANI SMALL CLAIMS COURT COMMERCIAL CASE E8698 OF 2024 GW KIAMAH, RM JULY 3, 2026 BETWEEN NORAH OMBUI ....................................................................................... CLAIMANT AND FRED OWITI OBURA ........................................................................ RESPONDENT JUDGMENT 1. The claimant instituted this suit via the statement of claim dated 24/5/2024 seeking judgment against the respondent for Kshs. 120,000.00/= plus interest, and Kshs. 30,000/= legal fees on the basis that on 29/3/2023 he loaned the respondent Kshs. 120,000.00/= repayable on 15/5/2023. That the respondent failed to refund the sums thus the filing of this claim. 2. Despite service, the respondent did not file any response. As such, the claimant’s averments remained uncontested. Further, the claim was suficiently proven by way of agreement between the parties as well as various correspondences between the parties wherein the respondent acknowledged the debt. 3. In the circumstances, I do find that the claim is merited. To that end, I hereby order as follows: - 4. 1. Judgment is hereby entered in favour of the claimant as against the respondent for the sum of Kshs. 120,000.00/= plus interest at court rate from the date of judgment till payment in full. 2. The claimant is also awarded costs of Kshs. 12,000/=. The respondent is awarded 30 days stay of execution. It is so decreed. DATED AND DELIVERED AT NAIROBI VIA CTS THIS 3RD DAY OF JULY 2026 HON. GLADYS W. KIAMAH RESIDENT MAGISTRATE/ADJUDICATOR https://new.kenyalaw.org/akn/ke/judgment/scc/2026/60/eng@2026-07-03 1