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MagistrateDismissedNot stated in judgment (suit filed 26/7/2023)· [2025] KEMC 301 (KLR)

Motrex Limited v Dahir & another (Civil Case E134 of 2023) [2025] KEMC 301 (KLR)

Magistrates' Court
25 November 2025
YSY. A. Shikanda
1,829 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~7 min to read original · ~4 min brief

The bottom line

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A Kenyan court dismissed a Ksh 1 million accident damage claim because the company had no payment receipts proving it actually repaired the vehicle.

What this practically means

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Executive summary

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Motrex Limited sued Farah Ali Dahir (registered owner) and Matano Rashid (driver) for special damages of Ksh. 1,041,528 arising from a road traffic accident of 21/7/2022 at Thyange area along the Nairobi-Mombasa road, in which its motor vehicle KBV 873C/ZE 3251 was allegedly damaged by the defendants' vehicle KAW 342P. The defendants denied the claim entirely. On 5/8/2025 the parties recorded a consent on liability, apportioning 20% to the plaintiff and 80% to the defendants, and adopted the plaintiff's witness statements and documents without calling their makers. The defendants led no evidence. The court framed three issues: whether the plaintiff suffered loss, whether it was entitled to damages and in what quantum, and who should bear costs. Applying the settled rule that special damages must be specifically pleaded and strictly proved, and drawing on authorities including Nizar Virani, Ouma v Nairobi City Council, Hahn v Singh, Christine Mwigina Akonya, Total (Kenya) v Janevams and David Bagine v Martin Bundi, the magistrate held that a quotation and an invoice are not proof of payment. The plaintiff produced no receipts for the repair costs and no evidence the vehicle was actually repaired. The claim therefore failed on a balance of probabilities notwithstanding the consent on liability, and the suit was dismissed with costs.

Key legal issues

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01

Whether the plaintiff proved its claim for special damages of Ksh. 1,041,528

Holding

The claim failed; the plaintiff produced only a quotation and an invoice, which are not proof of payment, and there was no evidence the vehicle was repaired

Reasoning

The court reaffirmed the rule that special damages must be specifically pleaded and strictly proved. Drawing on Nizar Virani, Ouma v Nairobi City Council, Hahn v Singh and Christine Mwigina Akonya, it held that actual receipts, not pro forma invoices or quotations, are required. The plaintiff produced an assessment report showing damage but no receipts for repair payments. Applying David Bagine v Martin Bundi, expert/assessor evidence and proof of actual expenditure were lacking. Liability had been settled by consent at 80/20, but quantum failed for want of strict proof, so the suit was dismissed with costs.

p. 4

Legal principles established

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  • Special damages must be specifically pleaded and strictly proved
  • A quotation or invoice is not proof of payment; only actual receipts substantiate a claim for special damages
  • Material damage may be compensated either by proven repair costs (supported by receipts) or, where the property is written off, by pre-accident value less salvage value

Court orders

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  1. 1.The plaintiff's suit is dismissed
  2. 2.The suit is dismissed with costs to the defendants
Jurisdiction invoked
First-instance civil claim in tort for special damages arising from a road traffic accident (plaint dated 21/7/2023)

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Motrex Limited v Dahir & another (Civil Case E134 of 2023) [2025] KEMC 301 (KLR)", Case Analysis (2025). Not stated in judgment (suit filed 26/7/2023). Source: https://new.kenyalaw.org/akn/ke/judgment/kemc/2025/301/eng@2025-11-25

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.