Nthiga v John (Civil Appeal 54 of 2019) [2025] KECA 556 (KLR) (14 March 2025) (Judgment)

Facts

The appellant, John Njeru Nthiga, filed a plaint against the respondent, Muriithi John, in the Chief Magistrate's Court at Embu, seeking Kshs.160,200 plus interest and costs. The respondent alleged that the appellant refused to honor an agreement for compensation for damage to the respondent's vehicle.

Issues

1. Whether there was a subsequent agreement to replace the written one made on 25/02/2016
2. Whether the appellant's vehicle was repaired at Nyeri at his cost
3. Whether the vehicle was repaired in Embu at the cost of the respondent
4. Whether the appellant proved his claim to the standards required in civil cases
5. Who will meet the costs of the suit

Reasoning

The court held that the respondent's evidence of an oral agreement to repair the vehicle at DW2's garage was not supported by the evidence, and the conduct of the parties, including taking the vehicle to DW2's garage, constituted a variation of the agreement.

Outcome

Affirmed the judgment of the High Court.

Authorities cited