https://new.kenyalaw.org/akn/ke/judgment/scc/2026/139

https://new.kenyalaw.org/akn/ke/judgment/scc/2026/139

The Court found proper service, no appearance or response by the Respondent, and that the Claimant proved on a balance of probabilities that it delivered goods worth Kshs. 700,000 which remained unpaid; judgment was therefore entered for the Claimant.

Source-derived case information.

Citation
[2026] SCC 139 (KLR)
Parties
Claimant: Medionics Healthcare Ltd; Respondent: County Government of Mombasa
Court
Small Claims Court
Jurisdiction
Kenya
Case Number
Commercial Case E375 of 2026
Procedural Posture
Commercial Claim / Judgment After Undefended Hearing
Outcome
Judgment entered for the Claimant.
Judges
["TN Mwangeka"]
Legal Topics
Debt Recovery, Service of Process, Default Judgment, Proof of Delivery of Goods, Costs and Interest
Source Language
en
Commercial Law Civil Procedure Debt Recovery Service of Process Default Judgment Proof of Delivery of Goods Costs and Interest

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Parties

Medionics Healthcare Ltd

Claimant

County Government of Mombasa

Respondent

Procedural Posture

Commercial Claim / Judgment After Undefended Hearing

  1. 1 Whether the Respondent was properly served
  2. 2 Whether the Claimant proved delivery of goods and the outstanding debt
  3. 3 Whether judgment should enter in default of appearance and response

Ratio Decidendi

The Court found proper service, no appearance or response by the Respondent, and that the Claimant proved on a balance of probabilities that it delivered goods worth Kshs. 700,000 which remained unpaid; judgment was therefore entered for the Claimant.

Court Disposition

Judgment entered for the Claimant.

Orders

  • The Respondent shall pay the Claimant Kshs. 700,000.
  • The Respondent shall pay costs of the suit.