Commercial Litigation and Dispute Resolution Lawyers in Nairobi

It varies widely with the court, the complexity of the case and how much interlocutory activity either side generates. Some commercial claims are resolved on summary judgment or settle early. Others go through case management and trial over a much longer period. The honest answer is that we give you a realistic range and the factors that will move it, and we tell you when an application will add months for little benefit. See how long a court case takes and the stages of commercial litigation.

Sometimes. An interlocutory injunction is granted where there is a serious question to be tried and the balance of convenience favours preserving the position until trial, and where damages would not be an adequate remedy. Kenyan courts also apply the requirement that the applicant give an undertaking as to damages. Court practice and cause lists are published by the Judiciary of Kenya. These applications turn heavily on the specific facts and on speed, because delay damages the application. See interlocutory injunctions in commercial disputes.

Often yes. Where a claim is for a liquidated amount and there is no real defence, summary judgment can be sought instead of going to full trial. That can shorten matters considerably, though the application itself has to be properly supported and the court retains a discretion to allow the matter to proceed to trial. Whether it is available depends on the pleadings and the defence actually raised. See summary judgment for liquidated claims.

Yes. In Kenyan litigation costs generally follow the event, meaning the unsuccessful party may be ordered to pay costs, though the court has a discretion and considers the conduct of the parties and the nature of the case. Party and party costs are taxed under the Advocates Remuneration Order, and they rarely equal what the successful party actually spent. The scale is published by the Law Society of Kenya. That gap is one of the reasons we assess costs and recovery separately before advising you to litigate. See party and party costs and security for costs.

That is the question worth asking before filing, not after. We look at the debtor’s bank position, property, receivables and whether there are directors or third parties with a separate liability, and we tell you plainly when a judgment would be unenforceable. In some cases recovery against a company that is not trading may be better pursued through insolvency processes rather than a trial, or by negotiating a discounted settlement. See enforcing judgments through execution and garnishee and winding-up and insolvency petitions.