REPUBLIC OF KENYA IN THE SMALL CLAIM’S COURT AT MILIMANI COMMERCIAL CLAIM NO. E18906 OF 2024 VALERE BUSINESS SYTEMS……...………............………….CLAIMANT/RESPONDENT VERSUS CEMENTERS LIMITED….…………RESPONDENT/APPLICANT JUDGMENT 1. The Claimant sued the Respondent through a Statement of Claim dated 11 th November 2024, praying for judgment against the Respondent for: 2. The Claimant pleaded that they entered into a contract for the provision of photocopy equipment and services with the Respondent, which services the Claimant provided. The Respondent reportedly breached the said contract by failing to pay for the services rendered by the Claimant. 3. The Claimant further averred that between 31st August 2022 and 4th September 2024, the sum due to them from the Respondent and arising from the contract in question was Kshs. 996,545.12/= hence this claim. 4. The Respondent responded to this claim through an Amended Response to the Statement of Claim dated 03rd October 2025, denying owing the Claimant Kshs. 996,545.12/=. They pleaded that they had settled all the money due to the Claimant arising from the contract herein. 5. On 28th October 2025, parties herein consented to have this matter determined under section 30 of the Act. ANALYSIS & DETERMINATION
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6. This court has given due regard to the pleadings, evidence, and written submissions placed before it. 7. It is common ground that the parties herein entered into a contract for the provision of photocopy equipment and services. The Claimant was the service provider while the Respondent was the procuring entity. 8. Given the foregoing, this court takes the view that the only issue for determination is whether the Respondent owes the Claimant Kshs. 996,546/=. 9. It is worth noting that during the pendency of this claim, the Respondent paid the Claimant Kshs. 596,546/= through installments in partial settlement of the claimed sum of Kshs. 996,546/=. This shows that the disputed sum at the time of writing this judgment was Kshs. 400,000/=. 10.The Respondent took the position that they had earlier paid the Claimant Kshs. 400,000/= through cheque no. 002382 for the sum of Kshs. 100,000/= on 03rd March 2023, cheque number 002483 for the sum of Kshs. 150,000/= on 06th December 2023 and an Electronic Funds Transfer payment of Kshs. 150,000/= on 24th April 2023. They placed before this court documentation to prove as much. 11.The Claimant did not dispute having received the payments above. It thus follows that between 03rd March 2023 and 24th April 2023, the Claimant received from the Respondent Kshs. 400,000/=. 12.A reading of the Claimant’s Statement of Claim on record shows that the Claimant pleaded that the Respondent stopped paying for the services rendered to them by the Claimant on 31st August 2022. 13.The Claimant did not plead whether, as at 31 st August 2022, the Respondent owed them any money other than the sum of Kshs. 996,546/= claimed herein. The foregoing inclines this court to find that any money paid to the
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Claimant by the Respondent after 31st August 2022 was for the settlement of the pleaded outstanding contract sum of Kshs. 400,000/=. 14.It is against this backdrop that this court holds and finds that between 31 st August 2022 and at the time of writing this judgment, the Respondent had already paid the Claimant the claimed contract sum of Kshs. 996,546/=. DETERMINATION 15.Accordingly, and for the reasons above, the following orders commend to this court: a) A declaration is hereby issued that the Respondent has fully settled the claim herein by paying Kshs. 996,546/= to the Claimant b) Given that this claim was settled after filing of this claim, the Claimant will have the costs of this claim assessed at Kshs. 30,000/= c) There is no order as to interest since the same was not pleaded by the Claimant 16.Certificate of Costs and decree to issue forthwith upon payment of the requisite court fees, if any. 17.This file is closed. 18.It is so ordered. READ, SIGNED and DELIVERED in open court at Bungoma this 22nd day of January 2026 T. O. OMONO ADJUDICATOR In the presence of:
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Mr. Oundo for the Claimant Ms. Muthoni for the Respondent C/A: Mr. Rioba
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