https://new.kenyalaw.org/akn/ke/judgment/scc/2026/72
The Court found the Claimant had not proved that Kshs. 12,500 remained outstanding because the Respondent adduced proof of post-note payments reducing the debt to Kshs. 4,170. However, the Respondent failed to strictly prove the alleged Kshs. 2,000 damage to the fridge, so no set-off was allowed. Judgment was...
Source-derived case information.
- Citation
- [2026] SCC 72 (KLR)
- Parties
- Claimant: Violet Njumwa; Respondent: James Nduati
- Court
- Small Claims Court
- Jurisdiction
- Kenya
- Case Number
- Commercial Case E035 of 2026
- Procedural Posture
- Commercial Dispute on a Promissory Note/debt Claim / Judgment
- Outcome
- Judgment for the Claimant in part
- Judges
- ["TN Mwangeka"]
- Legal Topics
- Promissory Note, Outstanding Debt, Set Off, Special Damages, Proof of Damages, Costs and Interest
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Violet Njumwa
Claimant
James Nduati
Respondent
Procedural Posture
Commercial Dispute on a Promissory Note/debt Claim / Judgment
Legal Issues
- 1 Whether the Respondent still owed the Claimant Kshs. 12,500 as claimed
- 2 Whether payments made after execution of the promissory note reduced the debt to Kshs. 4,170
- 3 Whether the Respondent proved a set-off for alleged damage to a fridge
Ratio Decidendi
The Court found the Claimant had not proved that Kshs. 12,500 remained outstanding because the Respondent adduced proof of post-note payments reducing the debt to Kshs. 4,170. However, the Respondent failed to strictly prove the alleged Kshs. 2,000 damage to the fridge, so no set-off was allowed. Judgment was entered for the proven balance only.
Court Disposition
Judgment for the Claimant in part
Orders
- The Respondent shall pay the Claimant Kshs. 4,170.
- The Claimant is awarded costs.
Full Case Text
Judgment text and source record
1 paragraphs
Njumwa v Nduati (Commercial Case E035 of 2026) [2026] SCC 72 (KLR) (7 May 2026) (Judgment) Neutral citation: [2026] SCC 72 (KLR) Republic of Kenya In the Small Claims Court at Mombasa Commercial Case E035 of 2026 TN Mwangeka, RM May 7, 2026 Between Violet Njumwa Claimant and James Nduati Respondent Judgment 1.It is not disputed that the Respondent executed a promissory note dated 16th October 2022 acknowledging a debt owed to the Claimant of Kshs. 12,500/-. The said sum as per the Claimant remains outstanding despite several demands made for the same to be settled. 2.This court has considered the pleadings filed as well as the documents in support of the respective parties and finds that the evidence on record does not support that the Respondent owed the Claimant Kshs. 12,500/- as at the time of filling the claim. 3.The Respondent has through Mpesa transaction details proved that he paid Kshs. 4,300/- after the promissory note was signed on 16th October 2022. Again, as a sign of good faith after this suit was filed, the Respondent paid an additional Kshs. 4,000/-making the total payment to be Kshs. 8,330/-. 4.What is outstanding therefore is Kshs. 4,170/- which the Respondent does not dispute. What the Respondent takes issue with is the fact that in the course of debt recovery, the Claimant came to his home and took his fridge which got damaged in the process. The Respondent estimates the said damages to be of Kshs. 2,000/- though he pleads that the fridge is functional. He therefore prays that this court sets off the Kshs. 2,000/-from the amount of Kshs. 4.170/- in arriving at the amount owed to the Claimant. 5.It is trite law that special damages must not only be pleaded but strictly proved. In the instant case, the Respondent has not availed anything before this court to substantiate the figure of Kshs. 2,000/- proposed. There is not even a photograph of the alleged fridge for this court to consider as such the same is deemed unproven. 6.Judgment is therefore entered in favor of the Claimant against the Respondent for Kshs. 4,170/- plus costs and interest at court rates from date of judgment. DATED SIGNED AND READ VIRTUALLY AT MOMBASA THE……7th…….DAY OF……MAY……2026HON. THERESA N. MWANGEKARESIDENT MAGISTRATE/ADJUDICATORIn the presence of;…Mr. Taabu… for Claimant;Respondent Present in Person C/A SabinaSIGNED BY/FOR:THE JUDICIARY OF KENYAHON. THERESA N. MWANGEKAMOMBASA SMALL CLAIMS COURTSMALL CLAIMS COURTDATE: 2026-05-07 10:38:38