Paulo v Citi Motors Limited (Commercial Case E194 of 2026) [2026] SCC 112 (KLR) (31 March 2026) (Ruling) Neutral citation: [2026] SCC 112 (KLR) REPUBLIC OF KENYA IN THE SMALL CLAIMS COURT AT MOMBASA COMMERCIAL CASE E194 OF 2026 TN MWANGEKA, RM MARCH 31, 2026 BETWEEN BETH WANJIKU PAULO ......................................................................... CLAIMANT AND CITI MOTORS LIMITED ................................................................... RESPONDENT RULING 1. The Notice of Motion Application supported by the Afidavit of Beth Wanjiku Paulo both dated 26th February 2026 principally seeks at prayer 4, an injunction restraining Citi Motors Limited by themselves, their agents or servants and/or any person acting under the authority or instructions of the Respondent from interfering with the quiet possession of motor vehicle KDS982 A Nissan Dayz pending hearing and determination of the suit. Prayer 2 and 3 of the application are spent as the Respondent has now taken out a PSV insurance license for the Claimant/Applicant. 2. The application is opposed through the Replying Afidavit of Hakim Mohamed Zakaria sworn on 19/3/2026 together with its annexures. 3. Having gone through the parties’ pleadings, I find that the applicant has been able to establish a prima facie case as the Claimant/Applicant had ever since the 20/3/2025 asked the Respondent to change the insurance license of the motor vehicle herein from a private cover to a PSV cover. The same was done on the first request subsequently the Claimant/Applicant had dificulty realizing the same which necessitated the present application. The court notes that the Respondent only remedied the situation after the filing of the application and the suit herein on 5/3/2026. I therefore disagree with the Respondent’s that they have all along acted in good faith as claimed in their Replying Afidavit. 4. Further, the applicant has raised an issue of loss of user which is a serious issue to be tried, see Dickways Construction Company Limited & another v Equity Bank (Kenya) Limited; Integra Auctioneering (K) Limited (Interested Party) [2026] KEHC 2966 (KLR). As to whether the applicant stands to https://new.kenyalaw.org/akn/ke/judgment/scc/2026/112/eng@2026-03-31 1
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sufier irreparable harm, the claimant states that by not taking out the PSV license, she was unable to use the motor vehicle as an uber as she had intended. The applicant is also apprehensive of the arbitrary nature with which the Respondent acted on 19/2/2026 by demanding an extra Kshs.16,000/ = without justification. I find that the Respondent’s annexures are an afterthought and an attempt to belatedly save face. The court is thus of the considered view that on a balance of convenience, the Claimant stands to sufier greater hardship were this application to be disallowed. 5. The Court of Appeal in Charter House Investment Ltd v Simon K. Sang & 3 others [2010] KECA 56 (KLR) defined an injunction as an equitable and discretionary remedy, given when the subject matter of the case before the court requires protection and maintenance of the status quo. As such in the interest of justice and the preservation of the status quo, the application is allowed as follows; a. A temporary injunction is hereby issued restraining Citi Motors Limited by themselves, their agents or servants and/or any person acting under the authority or instructions of the Respondent from interfering with the quiet possession of motor vehicle KDS982 A Nissan Dayz pending hearing and determination of the suit. DATED SIGNED AND READ VIRTUALLY AT MOMBASA THE…31ST… DAY OF……MARCH… 2026 HON. THERESA N. MWANGEKA RESIDENT MAGISTRATE/ADJUDICATOR In the presence of; ………N/A… for Claimant; ………Ms. Mwakizozo… for Respondent; C/A Sabina https://new.kenyalaw.org/akn/ke/judgment/scc/2026/112/eng@2026-03-31 2
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