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How do you sue a big organisation in Kenya?
Rank: Elder Joined: 12/9/2009 Posts: 6,592 Location: Nairobi
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My friend is in the process of suing an international Courier company based here for negligence and possible loss of revenue. They were to deliver a tender document but never kept the promise and the tender was time barred and rejected. My friend had put in a lot of work and even had a top consultant assisting in putting together the tender. The tender was to be sent overnight according to the document signed between him and the courier but went 3 days later missing the tender deadline by minutes/hour. Question is, is it better to sue such a company in Kenya where justice does not favour the mwananchi (read SME) or take it to their headquarters? His lawyer is advising that it would be a waste of time and money taking it to the local courts and has engaged lawyers from the country where the courior company is headquartered, and they are begging to take it up. For the lawyers here, what would you advice?
BBI will solve it :)
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Rank: Elder Joined: 2/16/2007 Posts: 2,114
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Just wondering ,a soft copy of the tender doc was not acceptable?
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Rank: Elder Joined: 12/9/2009 Posts: 6,592 Location: Nairobi
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Chaka wrote:Just wondering ,a soft copy of the tender doc was not acceptable? Nope. I was a volunteer consultants in the project and they required hard copies and pdf in CD/flash disc enclosed.
BBI will solve it :)
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Rank: Elder Joined: 12/7/2012 Posts: 11,908
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Pole kwake, let him accept and move on  In the business world, everyone is paid in two coins - cash and experience. Take the experience first; the cash will come later - H Geneen
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Rank: User Joined: 8/15/2013 Posts: 13,236 Location: Vacuum
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2012 wrote:My friend is in the process of suing an international Courier company based here for negligence and possible loss of revenue.
They were to deliver a tender document but never kept the promise and the tender was time barred and rejected. My friend had put in a lot of work and even had a top consultant assisting in putting together the tender. The tender was to be sent overnight according to the document signed between him and the courier but went 3 days later missing the tender deadline by minutes/hour.
Question is, is it better to sue such a company in Kenya where justice does not favour the mwananchi (read SME) or take it to their headquarters? His lawyer is advising that it would be a waste of time and money taking it to the local courts and has engaged lawyers from the country where the courior company is headquartered, and they are begging to take it up.
For the lawyers here, what would you advice? Does posting rule apply in such a scenerio. In contract terms, I know a contract is considered accepted when you post it/communicate and not when it is received @Maka advice If Obiero did it, Who Am I?
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Rank: New-farer Joined: 6/10/2013 Posts: 52
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2012,
Suing is always the last option, whether locally here or in the home country of the courier.
Perhaps a letter before action should be sent setting out in precise terms what remedies your friend is seeking as a result of the breach of contract by the courier.
The letter should be addressed to both the local and home country management.
If your friend does not get anywhere with the letter before action, then he may consider suing them, whether here or overseas. There will be cost implications e.g. legal fees, filing fees and there is no guarantee that he will win the case, so he needs to consider the situation very carefully first.
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Rank: Elder Joined: 12/9/2009 Posts: 6,592 Location: Nairobi
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smitha wrote:2012,
Suing is always the last option, whether locally here or in the home country of the courier.
Perhaps a letter before action should be sent setting out in precise terms what remedies your friend is seeking as a result of the breach of contract by the courier.
The letter should be addressed to both the local and home country management.
If your friend does not get anywhere with the letter before action, then he may consider suing them, whether here or overseas. There will be cost implications e.g. legal fees, filing fees and there is no guarantee that he will win the case, so he needs to consider the situation very carefully first. That's great advice. I know my pal has a case he can win because following this breach, the courier company suspended the services of their affiliate partner who undertakes their delivery to that destination country.
BBI will solve it :)
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Rank: User Joined: 8/15/2013 Posts: 13,236 Location: Vacuum
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2012 wrote:smitha wrote:2012,
Suing is always the last option, whether locally here or in the home country of the courier.
Perhaps a letter before action should be sent setting out in precise terms what remedies your friend is seeking as a result of the breach of contract by the courier.
The letter should be addressed to both the local and home country management.
If your friend does not get anywhere with the letter before action, then he may consider suing them, whether here or overseas. There will be cost implications e.g. legal fees, filing fees and there is no guarantee that he will win the case, so he needs to consider the situation very carefully first. That's great advice. I know my pal has a case he can win because following this breach, the courier company suspended the services of their affiliate partner who undertakes their delivery to that destination country. It's not easy my friend, this was only bid submission not contract submission. Your friend will need to argue and show that s/he would have won the contract had the bid submission done on time. My advice is that your friend protests to the client since in contract law what matters is the delivery date not receipt date If Obiero did it, Who Am I?
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Rank: Member Joined: 6/17/2010 Posts: 572
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2012 wrote:My friend is in the process of suing an international Courier company based here for negligence and possible loss of revenue.
They were to deliver a tender document but never kept the promise and the tender was time barred and rejected. My friend had put in a lot of work and even had a top consultant assisting in putting together the tender. The tender was to be sent overnight according to the document signed between him and the courier but went 3 days later missing the tender deadline by minutes/hour.
Question is, is it better to sue such a company in Kenya where justice does not favour the mwananchi (read SME) or take it to their headquarters? His lawyer is advising that it would be a waste of time and money taking it to the local courts and has engaged lawyers from the country where the courior company is headquartered, and they are begging to take it up.
For the lawyers here, what would you advice? More info needed, what was the nature of the tender document that was to be supplied by the courier?, what was the nature of the agreement signed in regard to the supply of the tender document, what was the consideration in the agreement to supply the tender document and what were the terms relating to breach. Give answers to the above questions and someone might advice appropriately. On the face of it this will be an uphill task for your friend 'One headache for famous medieval holy people was that someone might murder you to acquire your body parts for the relics trade'
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Rank: Elder Joined: 10/3/2008 Posts: 4,057 Location: Gwitu
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Good luck. Tuskys have robbed thousands their money but cases in court will tire them out. Truth forever on the scaffold
Wrong forever on the throne
(James Russell Rowell)
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Rank: Member Joined: 1/30/2016 Posts: 332 Location: Rift Valley
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You would have to prove negligence on the part of the courier company to even have a case to begin with. Has your friend reached out to the service provider?
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Rank: Veteran Joined: 4/1/2009 Posts: 1,883
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2012 wrote:My friend is in the process of suing an international Courier company based here for negligence and possible loss of revenue.
They were to deliver a tender document but never kept the promise and the tender was time barred and rejected. My friend had put in a lot of work and even had a top consultant assisting in putting together the tender. The tender was to be sent overnight according to the document signed between him and the courier but went 3 days later missing the tender deadline by minutes/hour.
Question is, is it better to sue such a company in Kenya where justice does not favour the mwananchi (read SME) or take it to their headquarters? His lawyer is advising that it would be a waste of time and money taking it to the local courts and has engaged lawyers from the country where the courior company is headquartered, and they are begging to take it up.
For the lawyers here, what would you advice? check out the small print. courier companies usually have clauses that exempt them from liabilities and or limit the liability to some nominal amounts in such instances. those clauses form part of your agreement with them when sending stuff through them.
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Rank: Elder Joined: 4/22/2010 Posts: 11,522 Location: Nairobi
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2012 wrote:My friend is in the process of suing an international Courier company based here for negligence and possible loss of revenue.
They were to deliver a tender document but never kept the promise and the tender was time barred and rejected. My friend had put in a lot of work and even had a top consultant assisting in putting together the tender. The tender was to be sent overnight according to the document signed between him and the courier but went 3 days later missing the tender deadline by minutes/hour.
Question is, is it better to sue such a company in Kenya where justice does not favour the mwananchi (read SME) or take it to their headquarters? His lawyer is advising that it would be a waste of time and money taking it to the local courts and has engaged lawyers from the country where the courior company is headquartered, and they are begging to take it up.
For the lawyers here, what would you advice? I would tend to agree Firstly he should read the small print Dispute resolution? Arbitration; Resolution in local Courts? Resolution in Country of origin By default this will be a lower Court case Not much chance of a successful outcome unfortunately. possunt quia posse videntur
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Rank: Elder Joined: 12/9/2009 Posts: 6,592 Location: Nairobi
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maka wrote:2012 wrote:My friend is in the process of suing an international Courier company based here for negligence and possible loss of revenue.
They were to deliver a tender document but never kept the promise and the tender was time barred and rejected. My friend had put in a lot of work and even had a top consultant assisting in putting together the tender. The tender was to be sent overnight according to the document signed between him and the courier but went 3 days later missing the tender deadline by minutes/hour.
Question is, is it better to sue such a company in Kenya where justice does not favour the mwananchi (read SME) or take it to their headquarters? His lawyer is advising that it would be a waste of time and money taking it to the local courts and has engaged lawyers from the country where the courior company is headquartered, and they are begging to take it up.
For the lawyers here, what would you advice? I would tend to agree Firstly he should read the small print Dispute resolution? Arbitration; Resolution in local Courts? Resolution in Country of origin By default this will be a lower Court case Not much chance of a successful outcome unfortunately. Why?
BBI will solve it :)
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