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