The suit has been filed, the pleadings are settling, and the court directs the parties to mediation. Some litigants read the referral as delay; experienced ones recognise it as the route through which a considerable share of civil matters now conclude. Knowing what the process involves helps parties use the opportunity well rather than treat … Read more
A distributor has begun selling reserved stock to a competitor, or a departing director is moving client files. Waiting for a full trial may take a year or more, interlocutory injunctions exist for this window. What tests does the court apply? Kenyan courts apply the principles settled in Giella v Cassman Brown. An applicant must … Read more
A customer has stopped paying, a joint venture has broken down, and correspondence has achieved nothing. Sooner or later the question becomes practical: how does a commercial suit actually begin in the High Court at Milimani? Where should a commercial dispute be filed? The High Court has unlimited original jurisdiction in civil matters, and much … Read more
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