Kimwele v ABSA Bank Kenya PLC (Commercial Case E090 of 2026) [2026] SCC 103 (KLR) (19 June 2026) (Judgment)
The Court found that the Respondent was properly served, failed to appear or respond, and the Claimant's evidence established on a balance of probabilities that Kshs. 46,700 mistakenly credited into a customer account held with the Respondent was unlawfully withheld; judgment therefore followed for the Claimant.
Source-derived case information.
- Citation
- [2026] SCC 103 (KLR)
- Parties
- Claimant: Mwangi Kimwele; Respondent: ABSA Bank Kenya PLC
- Court
- Small Claims Court
- Jurisdiction
- Kenya
- Case Number
- Commercial Case E090 of 2026
- Procedural Posture
- Commercial Claim / Judgment
- Outcome
- Judgment entered for the Claimant.
- Judges
- ["TN Mwangeka"]
- Legal Topics
- Mistaken Payment, Unjust Enrichment, Non Response by Defendant, Proof on a Balance of Probabilities, Default Judgment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mwangi Kimwele
Claimant
ABSA Bank Kenya PLC
Respondent
Procedural Posture
Commercial Claim / Judgment
Legal Issues
- 1 Whether the Respondent unlawfully withheld money mistakenly credited into a third party's account held with the Respondent.
- 2 Whether the Claimant proved the claim on a balance of probabilities in light of proper service and no response from the Respondent.
Ratio Decidendi
The Court found that the Respondent was properly served, failed to appear or respond, and the Claimant's evidence established on a balance of probabilities that Kshs. 46,700 mistakenly credited into a customer account held with the Respondent was unlawfully withheld; judgment therefore followed for the Claimant.
Court Disposition
Judgment entered for the Claimant.
Orders
- The Respondent shall pay the Claimant Kshs. 46,700/-
- Interest shall accrue at court rates from the date of judgment
Full Case Text
Judgment text and source record
1 paragraphs
Kimwele v ABSA Bank Kenya PLC (Commercial Case E090 of 2026) [2026] SCC 103 (KLR) (19 June 2026) (Judgment) Neutral citation: [2026] SCC 103 (KLR) Republic of Kenya In the Small Claims Court at Mombasa Commercial Case E090 of 2026 TN Mwangeka, RM June 19, 2026 Between Mwangi Kimwele Claimant and ABSA Bank Kenya PLC Respondent Judgment 1.The Court has considered the Statement of Claim and documents filed in support thereof together with the witness testimony of the claimant; satisfied that there was proper service upon the Respondent, and in the absence of entering of an appearance by the Respondent or filing of any Response, further satisfied that the Claimant has on a balance of probabilities proved that the Respondent has unlawfully withheld Kshs.46,700/= which was mistakenly credited into Benjamin Kibet’s account managed by the respondent. 2.The Court hereby enters judgment in favour of the Claimant against the Respondent for Kshs. 46,700/- together with interest and costs of the suit at court rates from date of judgment. DATED SIGNED AND READ VIRTUALLY AT MOMBASA THE……19TH …….DAY OF……JUNE……2026HON. THERESA N. MWANGEKARESIDENT MAGISTRATE/ADJUDICATORIn the presence of;…N/A… for Claimant;…N/A…… for Respondent C/A Esther