5 Key Small Claims Court Decisions That Could Impact Your Case
If you’re involved in a Small Claims Court case in Kenya—whether as a business owner, service provider, or everyday individual—it’s important to understand how recent court decisions might affect your claim.
The High Court has made several rulings that clarify key legal issues in small claims, ranging from compensation amounts to proving ownership and even how appeals work.
Here’s a breakdown of five recent court decisions that could change how you approach your case.
1. Compensation in Personal Injury Cases – Barasa v Nyogesa
What happened?
A person injured in an accident was awarded Ksh 20,000 in general damages (compensation for pain and suffering) but was denied special damages (reimbursement for medical expenses and other direct losses) due to lack of evidence. The injured party appealed, arguing that the compensation was too low and expenses should have been covered.
The High Court’s decision
The court agreed that Ksh 20,000 was too little and increased it to Ksh 50,000. It also awarded an additional Ksh 10,000 in special damages after reviewing the available evidence.
Why this matters
This case highlights the importance of strong evidence when claiming special damages. If you’re seeking compensation for medical bills, repairs, or lost income, you need to provide clear proof—such as receipts and invoices—so the court can fairly assess your claim.
2. Proving Ownership in Property Damage Claims – Kamau v Matunda (Fruits) Bus Services
What happened?
A person sued a bus company for damages after an accident involving one of its vehicles. However, the court dismissed the case because the claimant failed to prove that the company owned the vehicle. The claimant appealed, hoping for a different outcome.
The High Court’s decision
The appeal was dismissed. The court confirmed that ownership must be proven with official documents, such as a vehicle logbook.
Why this matters
If you’re filing a claim for property damage (e.g., vehicle accidents, damaged goods, or faulty services), you must show proof of ownership. Courts won’t assume ownership—you need official documents to back your claim.
3. Counterclaims and Liability Disputes – Nyaguthi v Njiru
What happened?
A person sued another over an accident, but the defendant had also filed a counterclaim (meaning they were also asking for compensation). The trial court ignored the counterclaim and ruled without considering both sides properly. The defendant appealed.
The High Court’s decision
The court found that the trial court did not fully consider all the evidence and ordered a re-trial.
Why this matters
If you’re involved in a case where both parties make claims against each other, the court must consider all claims fairly. If you’re sued, and you believe the other party also owes you, don’t forget to file a counterclaim—it could change the outcome of your case.
4. Can You Appeal After a Review? – Waithira v Holding & another
What happened?
A claimant was unhappy with a Small Claims Court decision and first applied for a review (asking the same court to reconsider). When that failed, they tried to appeal the decision. The other party argued that since a review had already been attempted, an appeal should not be allowed.
The High Court’s decision
The court ruled that appeals are separate from reviews and that just because someone has asked for a review doesn’t mean they lose their right to appeal.
Why this matters
If you’re not satisfied with a Small Claims Court decision, you have two options:
- Apply for a review if you think there was a mistake in facts.
- File an appeal if you believe there was a legal error.
This case confirms that you can do both, as long as the appeal raises valid legal points.
5. Can the Small Claims Court Order Installment Payments? – Maxcure Hospital Limited v Okello & another
What happened?
A hospital had to refund Ksh 200,000 to a patient. The court allowed the payment be in installments. The hospital argued that the Small Claims Court did not have the power to allow installment payments and appealed the decision.
The High Court’s decision
The appeal was rejected. The court confirmed that the Small Claims Court does have the power to order payments be in installments.
Why this matters
If you win a claim but the other party cannot pay the full amount immediately, the court can order payment in installments. This is important for businesses and individuals who struggle to pay a lump sum.
Final Thoughts
These cases offer important lessons for anyone involved in Small Claims Court cases:
- Always have strong evidence for both general and special damages.
- Prove ownership when making claims about property damage.
- Make sure counterclaims are considered if both parties have claims against each other.
- Understand your rights to appeal even after seeking a review.
- Know that the court can allow payments in installments if needed.
If you’re planning to file a claim, these rulings give you a clearer idea of what to expect and how to better prepare your case. If you’re unsure about your claim, consulting a legal expert can help you navigate the process effectively.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. If you need specific legal guidance, talk or chat on 0708111222.