Debt disputes look binary: the money is owed or it is not. In practice most banking and credit disputes conceal negotiable ground: restructuring, timing, security, interest, and the cost of enforcement. Mediation is the forum where that ground is worked systematically. For businesses with several facilities at stake, one structured negotiation is usually easier to … Read more
Before most commercial disputes reach a courtroom, they pass through a demand letter. Written well, one letter can achieve what months of negotiation did not; written badly, it can concede ground or inflame a matter that was close to settlement. What does a demand letter achieve? It puts the recipient on formal notice of your … Read more
A judgment is not money in the account. Until it is enforced, a commercial litigant holds a document rather than a payment, and Kenyan law provides several routes for converting one into the other. What is execution against property? The most familiar route. The decree holder applies for warrants, and the court’s executive officer attaches … Read more
A defendant owes a fixed, documented sum and has filed a defence that says almost nothing. Must the plaintiff still wait for a full trial? Under the Civil Procedure Rules 2010, not necessarily. What is a liquidated demand? A liquidated demand is a sum ascertained by calculation or from the documents: a dishonoured cheque, an … Read more
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