REPUBLIC OF KENYA IN THE SMALL CLAIMS COURT AT MALABA SCCCOMM NO. E098 OF 2026 ALFRED TAABU NAKHOSI…………..... ……….................................CLAIMANT -VERSUSPATRICK EBUKALA…….….……………….……….……. ……………….RESPONDENT JUDGMENT 1. Vide a statement of claim dated 16 th July 2026 and filed in court on 18th August 2026 the Claimant prays for judgment in the sum of Kshs. 463 ,750/= together with costs, compensation and any other appropriate relief. 2. The circumstances leading to the filing of this claim are that on diverse dates between 15th May 2023 and 11th November 2023 the Respondent collected a total of 71350 seedlings from the Claimant’s nursery and made no payment but committed to paying the monies owing. That to date the purchaser has not made any payment and the amount outstanding is Kshs. 463,750/=. 3. The Respondent despite service did not file a Statement of Response and Mr. Etyang Counsel for the Claimant asked the court to enter judgment in default. 4. Despite the claim being undefended the claimant still bears the burden of proving, on a balance of probabilities, the existence of the transactions pleaded, the quantities supplied and the amount outstanding. 5. The claimant relied, inter alia, on handwritten records purporting to show quantities of various seedlings supplied on different dates. The Court, in exercise of its inquisitorial mandate, interrogated the Judgment SCCCOMM No. E098 OF 2026 Hon. A.Z Ogange -RM pg. 1
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claimant's counsel on the said records. He stated that the records could be authenticated by another witness who had filed a witness statement. However, the witness himself did not satisfactorily explain the connection between the entries in the records and the respondent. In particular, there was no evidence demonstrating that the individual entries represented orders made by, or deliveries made to, the respondent. 6. More importantly, the witness statement of Rodgers Wanyonyi Wambengo merely states that the respondent purchased trees from the claimant and that, during the stated period, the respondent took a total of 71,350 seedlings. The witness does not explain how he arrived at that figure, does not identify the particular deliveries, and does not state that he was present when the alleged transactions or deliveries took place. His assertion that he is a fellow tree dresser does not establish his personal knowledge of the alleged sales. 7. There is also no documentary evidence in the form of delivery notes, orders, invoices, correspondence, acknowledgements of receipt or other contemporaneous records linking the handwritten entries to the respondent. 8. The position is, however, different with respect to the Tree Sale Agreement produced before the Court. The agreement constitutes direct documentary evidence of a transaction between the parties and specifies a consideration of Kshs.265,000. The respondent has not challenged the agreement, its execution or its contents. In the circumstances, the Court is satisfied, on a balance of probabilities, that the claimant has established the existence of a sale transaction between the parties in the sum of Kshs.265,000. 9. The Court therefore finds that the claimant has proved his claim partly, to the extent of Kshs.265,000, being the consideration demonstrated by the Tree Sale Agreement. The balance of Kshs.198,750 has not been proved on a balance of probabilities and is consequently declined. Judgment SCCCOMM No. E098 OF 2026 Hon. A.Z Ogange -RM pg. 2
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10. Judgment is therefore entered for the claimant against the respondent in the sum of Kshs.265,000, together with costs which I assess at Kshs. 15,000/= and interest at court rates from the date of filing of suit until payment in full. JUDGMENT DATED, SIGNED AND DELIVERED IN OPEN COURT AT MALABA SMALL CLAIMS COURT THIS 7TH DAY OF OCTOBER 2026. In the Presence of Mr. Etyang for the Claimant and N/A for the Respondent Court Assistant: Paul Otieno A.Z. OGANGE R.M/ADJUDICATOR 07.10.2026 Judgment SCCCOMM No. E098 OF 2026 Hon. A.Z Ogange -RM pg. 3
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