https://new.kenyalaw.org/akn/ke/judgment/scc/2026/107
The Court accepted the Claimant’s documentary proof of the purchase agreement and outstanding balance, found that the Respondent had been properly served but failed to appear or respond, and therefore entered judgment for the Claimant for the claimed sum, interest at court rates, and costs.
Source-derived case information.
- Citation
- [2026] SCC 107 (KLR)
- Parties
- Claimant: Farhan Motors Limited; Respondent: Salah Abdi Muhumed
- Court
- Small Claims Court
- Jurisdiction
- Kenya
- Case Number
- Commercial Case E209 of 2026
- Procedural Posture
- Small Claims Commercial Debt Claim Arising From a Car Purchase Agreement / Judgment After Non Appearance and No Response by Respondent
- Outcome
- Judgment entered for the Claimant
- Judges
- ["TN Mwangeka"]
- Legal Topics
- Sale and Purchase Agreement, Outstanding Purchase Price, Default Judgment, Service of Process, Costs and Interest
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Farhan Motors Limited
Claimant
Salah Abdi Muhumed
Respondent
Procedural Posture
Small Claims Commercial Debt Claim Arising From a Car Purchase Agreement / Judgment After Non Appearance and No Response by Respondent
Legal Issues
- 1 Whether the Respondent was indebted to the Claimant under the car purchase agreement
- 2 Whether the Claimant proved proper service on the Respondent
- 3 Whether judgment should issue where the Respondent filed no appearance or response
Ratio Decidendi
The Court accepted the Claimant’s documentary proof of the purchase agreement and outstanding balance, found that the Respondent had been properly served but failed to appear or respond, and therefore entered judgment for the Claimant for the claimed sum, interest at court rates, and costs.
Court Disposition
Judgment entered for the Claimant
Orders
- The Respondent shall pay the Claimant Kshs. 305,000.
- The amount shall attract interest at court rates until payment in full from the date of judgment.
Full Case Text
Judgment text and source record
1 paragraphs
 REPUBLIC OF KENYA IN THE SMALL CLAIMS COURT OF KENYA AT MOMBASA COUNTY COURT NAME: MOMBASA SMALL CLAIMS COURT CASE NUMBER: SCCCOMM/E209/2026 FARHAN MOTORS LIMITED VS SALAH ABDI MUHUMED JUDGMENT The Court having looked at the Statement of Claim and the lodged documents in support of the Claimant’s Claim; satisfied that the sum of **Kshs. 305,000/-** is owed to the Claimant as a result of a car purchase agreement entered into by the parties on 1st July 2024 for the agreed sum of **Kshs. 1,577,000/-** of which the Respondent has paid **Kshs. 1,287,000/-** leaving a balance of Kshs. 290,000/- plus debt collection charges of Kshs. 15,000/- which the Claimant seeks. Further satisfied that there was proper service upon the Respondent who never entered an Appearance nor filed a Response within the prescribed period or at all, hereby enters judgment in favor of the Claimant against the Respondent, for a sum of **Ksh. 305,000/-** plus interest at court rates until payment in full from date of judgement. Further the Claimant is awarded costs of Ksh. 5, 000/=. **DATED SIGNED AND READ VIRTUALLY AT MOMBASA THE……7th…….DAY** **OF……MAY……2026** **HON. THERESA N. MWANGEKA** **RESIDENT MAGISTRATE/ADJUDICATOR** In the presence of; …Mr. Ondijo h/b for Ms. Fatma...for Claimant; ……N/A…… for Respondent C/A Sabina SIGNED BY/FOR: **□ TH E JUDICIAR Y O F KENY A ★** **HON. THERESA N. MWANGEKA** Mombasa Small Claims Court Small Claims Court Date: 2026-05-07 10:53:43