https://new.kenyalaw.org/akn/ke/judgment/scc/2026/152

Automobile v Evans (Commercial Case E279 of 2026) [2026] SCC 152 (KLR) (10 June 2026) (Judgment) Neutral citation: [2026] SCC 152 (KLR) Republic of Kenya In the Small Claims Court at Mombasa Commercial Case E279 of 2026 TN Mwangeka, RM June 10, 2026 Between Carmex Automobile Claimant and Arlingtone Evans Respondent Judgment 1.The Statement of Claim dated 31st day of March,2026 herein seeks that judgement be entered for a sum of Ksh 433,711.64/- against the Respondent for repairs of the Respondent’s motor vehicle registration number KRB 752 Mini Balmoral and other incidental costs. The Respondent does not dispute the fact that his motor vehicle was repaired by the Claimant only that parties agreed to have the motor vehicle readied for the November 2025 motor show on or before July 2025 and that the Respondent would make a sum of Kshs. 100,000 for the entire work which he did. 2.The Respondent goes on to counterclaim against the Claimant for an order compelling the Claimant to handover the suit motor vehicle to the Respondent in the fully functional and self propelling condition it was at the time the Respondent delivered it to the Claimant for the repainting works on account that sometimes in May 2025, the Respondent drove the then self-propelling suit motor vehicle KBR 752 Mini Morris to the Claimant for repainting works in preparation for the November 2025 motor show, it was agreed amongst that the Claimant would complete the repainting job on or before July 2025 at a consideration of Kshs. 100,000.00 but the Claimant has since failed, rejected and/or ignored to make good of the Respondent’s demands for handover of the motor vehicle. 3.The court has perused the pleadings, evidence on record together with the witness statements herein and finds that the Claimant has proved his case on a balance of probabilities against the Respondent through the invoices and whatsapp messages filed herein. Additionally, the Respondent has admitted the fact that his vehicle was repaired by the Claimant and the same is still at the Claimant’s garage. 4.The Respondent has attempted to convince this court that the Claimant did not conduct any repairs and has refused to hand over the subject motor vehicle through filling a quotation and several receipts of work done on vehicles other than the subject motor vehicle. This evidence by the Respondent does not help in any way as they are not relevant to the matter at hand. 5.On the counterclaim filed by the Respondent, the same is equally without merit as the Respondent having benefited from the services of the Claimant cannot demand for his vehicle without paying the due consideration of Kshs. 433,711.64/-. 6.In Caleb Onyango Adongo v Bernard Ouma Ogur [2020] KEHC 5305 (KLR) the court while relying on the Court of Appeal decision in William Muthee Muthami vs. Bank of Baroda (2014) eKLR observed that: -“…In the law of contract, the aggrieved party to an agreement must, in addition, prove that there was offer, acceptance and consideration. It is only when those three elements are available that an innocent party can bring a claim against the party in breach.” 7.In the instant case, the parties have admitted and it has been proven by evidence that there existed a contract for the repair of the Respondent’s vehicle. It has further been proven that the repairs were done but the Respondent has failed to pay for the said repairs and consequently collect his vehicle. The counterclaim thus fails. 8.In the end, this court finds that the Claimant has adduced consistent evidence as to the repairs done, the debt and the steps undertaken towards recovery of the same. Judgment is thus entered in favor of the Claimant against the Respondent for Kshs. 433,711.64/- together with interest at court rates from date of judgment. Costs are assessed at Kshs. 3,000/-. DATED SIGNED AND READ VIRTUALLY AT MOMBASA THE………10TH…. DAYOF………JUNE……2026HON. THERESA N. MWANGEKARESIDENT MAGISTRATE/ADJUDICATORIn the presence of;……Mr. Maguro.. for Claimant;…Mr. Masore… for Respondent C/A Esther