Our Litigation Team achieved a significant victory by securing the immediate strike-out of our client from a complex commercial dispute, avoiding the need for a lengthy and expensive trial process.
Background
Our client, a construction company, was named as a defendant in a multi-party commercial dispute involving alleged defects in a major infrastructure project. The plaintiff sought substantial damages from all parties involved in the construction process.
Our Strategy
Rather than proceeding to full trial, our team identified several procedural and substantive grounds for having our client struck out from the proceedings entirely:
Legal Arguments
- Lack of proper service - Technical deficiencies in how our client was joined to the proceedings
- No cause of action - Plaintiff failed to establish any viable legal claim against our client
- Limitation period - Claims were brought outside the statutory limitation period
- Misjoinder - Our client was improperly joined to proceedings where they had no liability
The Victory
The Court agreed with our arguments and granted our application in full:
Immediate Benefits
- Complete strike-out - Our client was removed from all proceedings
- No liability - Court found no basis for claims against our client
- Costs awarded - Plaintiff ordered to pay our client's legal costs
- Time saved - Avoided 12-18 months of litigation
Financial Impact: Saved estimated KES 15 million in potential damages, avoided KES 3 million in ongoing legal fees, and recovered KES 800,000 in costs from the plaintiff.