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How do you sue a big organisation in Kenya?
2012
#1 Posted : Thursday, October 27, 2016 12:31:39 PM
Rank: Elder


Joined: 12/9/2009
Posts: 6,592
Location: Nairobi
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
:)
Chaka
#2 Posted : Thursday, October 27, 2016 12:43:49 PM
Rank: Elder


Joined: 2/16/2007
Posts: 2,114
Just wondering ,a soft copy of the tender doc was not acceptable?
2012
#3 Posted : Thursday, October 27, 2016 1:46:21 PM
Rank: Elder


Joined: 12/9/2009
Posts: 6,592
Location: Nairobi
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
:)
Angelica _ann
#4 Posted : Thursday, October 27, 2016 1:48:44 PM
Rank: Elder


Joined: 12/7/2012
Posts: 11,901
Pole kwake, let him accept and move on Sad
In the business world, everyone is paid in two coins - cash and experience. Take the experience first; the cash will come later - H Geneen
Swenani
#5 Posted : Thursday, October 27, 2016 2:01:03 PM
Rank: User


Joined: 8/15/2013
Posts: 13,236
Location: Vacuum
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?
smitha
#6 Posted : Thursday, October 27, 2016 2:22:14 PM
Rank: New-farer


Joined: 6/10/2013
Posts: 52
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.
2012
#7 Posted : Thursday, October 27, 2016 2:51:59 PM
Rank: Elder


Joined: 12/9/2009
Posts: 6,592
Location: Nairobi
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
:)
Swenani
#8 Posted : Thursday, October 27, 2016 3:07:40 PM
Rank: User


Joined: 8/15/2013
Posts: 13,236
Location: Vacuum
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?
vky
#9 Posted : Thursday, October 27, 2016 4:44:09 PM
Rank: Member


Joined: 6/17/2010
Posts: 572
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'
kaka2za
#10 Posted : Thursday, October 27, 2016 6:18:35 PM
Rank: Elder


Joined: 10/3/2008
Posts: 4,057
Location: Gwitu
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)
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: 1,882
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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