Mwaniki v Coco Base Company Limited (Civil Appeal E027 of 2024) [2026] KEHC 3586 (KLR) (Civ) (18 March 2026) (Judgment)

Facts

Samuel Mwaniki was sued by Coco Base Company Limited for Kshs. 42,985.00 for goods he had been supplied. Mwaniki denied receiving any goods, while Coco Base claimed delivery at his site.

Issues

1. Whether the trial court erred in allowing the respondent's case and awarding Kshs. 42,985/- plus costs and interest.
2. Whether the trial court erred in adjudging that Mwaniki did not challenge the invoices.
3. Whether the trial court erred in adjudging that the invoices produced were sufficient evidence to prove the supply and delivery of construction building materials.
4. Whether the trial court erred in failing to address the issue of the locus of the director of the respondent.
5. Whether the trial court erred in finding that there was a valid contract between Mwaniki and the respondent.
6. Whether the trial court erred in failing to consider the evidence and submissions of the appellant.

Reasoning

The appellant denied receiving any goods, and the respondent was required to prove that the goods were both supplied and received. Since no signed delivery notes were produced, the respondent failed to establish delivery, and her claim has no foundation.

Outcome

Appeal allowed with costs