https://new.kenyalaw.org/akn/ke/judgment/scc/2026/77
The Claimant proved the claim on a balance of probabilities through the pleadings and supporting documents, and the court accepted loss of user at Kshs. 3,000 per day for 30 days, awarding Kshs. 90,000 with interest and costs, while restraining the Respondent from hindering PSV insurance renewal.
Source-derived case information.
- Citation
- [2026] SCC 77 (KLR)
- Parties
- Claimant: Beth Wanjiku Paulo; Respondent: Citi Motors Limited
- Court
- Small Claims Court
- Jurisdiction
- Kenya
- Case Number
- Commercial Case E194 of 2026
- Procedural Posture
- Commercial Claim / Judgment
- Outcome
- Judgment entered for the Claimant.
- Judges
- ["TN Mwangeka"]
- Legal Topics
- Loss of User, Proof of Damages, Burden of Proof, PSV Licence Dispute, Interest and Costs, Injunction/restraining Order
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Beth Wanjiku Paulo
Claimant
Citi Motors Limited
Respondent
Procedural Posture
Commercial Claim / Judgment
Legal Issues
- 1 Whether the Claimant proved the claim on a balance of probabilities despite the Respondent filing no response.
- 2 Whether loss of user was proved and what amount was payable.
- 3 Whether the Respondent should be restrained from hindering the Claimant’s renewal of PSV insurance.
Ratio Decidendi
The Claimant proved the claim on a balance of probabilities through the pleadings and supporting documents, and the court accepted loss of user at Kshs. 3,000 per day for 30 days, awarding Kshs. 90,000 with interest and costs, while restraining the Respondent from hindering PSV insurance renewal.
Court Disposition
Judgment entered for the Claimant.
Orders
- The Respondent shall pay the Claimant Kshs. 90,000 as loss of user at Kshs. 3,000 per day for 30 days.
- The decretal sum shall attract interest at court rates from the date of judgment until payment in full.
Full Case Text
Judgment text and source record
1 paragraphs
Paulo v Citi Motors Ltd (Commercial Case E194 of 2026) [2026] SCC 77 (KLR) (7 May 2026) (Judgment) Neutral citation: [2026] SCC 77 (KLR) Republic of Kenya In the Small Claims Court at Mombasa Commercial Case E194 of 2026 TN Mwangeka, RM May 7, 2026 Between Beth Wanjiku Paulo Claimant and Citi Motors Limited Respondent Judgment 1.On 15th April 2026 the Respondent sought leave to put in further documents and file submissions in regards to the claim and the same was granted. However as at the time of writing this Judgment the Respondent had done neither. 2.Despite the fact that no response was filed the Claimant still bears the burden to prove their case as under Section 107 and 108 of the Evidence Act. 3.In Chumba & another v Kwick Servess Shuttle Ltd (Civil Appeal E137 of 2023) [2024] KEHC 4532 (KLR) the court while relying on the Court of Appeal decision on proof required for a claim of loss of user held that;It would seem, from the judicial authorities above, that the law is not settled on the matter. There however seems to be a change in jurisprudence in view where the Court treated loss of user or profits as a claim in general, rather than special, damages, in cases where the plaintiff did not keep books of account or records, given the nature of their business. There is a whole paradigm shift in jurisprudence here, where what is strictly a special damage under English Common Law is now treated as general damage under Kenya Common Law. 4.In the present case, the Claimant seeks Kshs. 150,000/- as loss of user calculated at Kshs. 3,000/- per day for 30 days. They have however not attached any document to prove the said quantification nevertheless this court shall revise the same to be assessed at Kshs. 3,000/- per day and not Kshs. 5,000/-. 5.Therefore, in consideration of the Statement of Claim filed together with documents in support this court finds that the Claimant has proved its case on a balance of probabilities and proceeds to enter judgement in favor of the Claimant against the Respondent for Kshs. 90,000/- being loss of user of the Claimant’s motor vehicle at Kshs. 3,000/- for 30 days arising out of the Respondent’s arbitrary refusal to take out a PSV license for the Claimant despite their agreement otherwise. 6.The said amount shall attract interest at court rates from date till payment in full. The Claimant is equally awarded costs of Kshs. 5,000/-. 7.The Claimant is also at liberty to renew her PSV insurance with an insurer of her choice and the Respondent is restrained from arbitrarily hindering the Claimant from doing so. DATED SIGNED AND READ VIRTUALLY AT MOMBASA THE……7TH…….DAY OF……MAY……2026HON. THERESA N. MWANGEKARESIDENT MAGISTRATE/ADJUDICATORIn the presence of;……N/A...for Claimant;……N/A…… for Respondent C/A SabinaSigned By/For:THE JUDICIARY OF KENYAHON. THERESA N. MWANGEKAMOMBASA SMALL CLAIMS COURTSMALL CLAIMS COURTDATE: 2026-05-07 10:34:20