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How do you sue a big organisation in Kenya?
chemirocha
#11 Posted : Thursday, October 27, 2016 9:11:22 PM
Rank: Member

Joined: 1/30/2016
Posts: 332
Location: Rift Valley
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?
mkenyan
#12 Posted : Monday, October 31, 2016 3:47:32 PM
Rank: Veteran

Joined: 4/1/2009
Posts: 1,885
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.
maka
#13 Posted : Monday, October 31, 2016 11:18:44 PM
Rank: Elder

Joined: 4/22/2010
Posts: 11,522
Location: Nairobi
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
2012
#14 Posted : Tuesday, November 01, 2016 10:55:12 AM
Rank: Elder

Joined: 12/9/2009
Posts: 6,592
Location: Nairobi
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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