https://new.kenyalaw.org/akn/ke/judgment/scc/2026/106
The court found proper service on the Respondent and no appearance or response within the prescribed period. On that basis, judgment was entered for the Claimant for the claimed principal sum, interest at court rates until payment in full, and costs.
Source-derived case information.
- Citation
- [2026] SCC 106 (KLR)
- Parties
- Claimant: Hamidu Hussein Ngotho; Respondent: Jane Abwoga Rodis
- Court
- Small Claims Court
- Jurisdiction
- Kenya
- Case Number
- Commercial Case E193 of 2026
- Procedural Posture
- Commercial Case in the Small Claims Court / Judgment in Default of Appearance and Response
- Outcome
- Judgment entered for the Claimant.
- Judges
- ["TN Mwangeka"]
- Legal Topics
- Default Judgment, Service of Process, Costs, Interest on Judgment Sum
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Hamidu Hussein Ngotho
Claimant
Jane Abwoga Rodis
Respondent
Procedural Posture
Commercial Case in the Small Claims Court / Judgment in Default of Appearance and Response
Legal Issues
- 1 Whether the Respondent was properly served
- 2 Whether judgment should be entered where the Respondent failed to enter appearance or file a response
- 3 What monetary award and costs should be granted
Ratio Decidendi
The court found proper service on the Respondent and no appearance or response within the prescribed period. On that basis, judgment was entered for the Claimant for the claimed principal sum, interest at court rates until payment in full, and costs.
Court Disposition
Judgment entered for the Claimant.
Orders
- The Respondent shall pay the Claimant Ksh. 200,000.
- Interest shall accrue at court rates until payment in full.
Full Case Text
Judgment text and source record
1 paragraphs
Ngotho v Rodis (Commercial Case E193 of 2026) [2026] SCC 106 (KLR) (6 May 2026) (Judgment) Neutral citation: [2026] SCC 106 (KLR) Republic of Kenya In the Small Claims Court at Mombasa Commercial Case E193 of 2026 TN Mwangeka, RM May 6, 2026 Between Hamidu Hussein Ngotho Claimant and Jane Abwoga Rodis Respondent Judgment 1.The Court having looked at the Statement of Claim and the lodged documents in support of the Claimant’s Claim; 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, the Court hereby enters judgment in favor of the Claimant against the Respondent, for a sum of Ksh. 200,000/= plus interest at court rates until payment in full. 2.Further the Claimant is awarded an all-inclusive cost of Ksh. 5, 000/=. DATED SIGNED AND READ VIRTUALLY AT MOMBASA THE……6TH …….DAY OF………MAY… 2026HON. THERESA N. MWANGEKARESIDENT MAGISTRATE/ADJUDICATORIn the presence of;Claimant present in person;……N/A…… for RespondentC/A Sabina