Is it affordable to sue someone if he only owes me 100,000?

Swala Nyeti: Layman and Lawyer Discuss Legal Questions

In today’s episode, we discuss the procedures that determine whether your case qualifies to be heard in the Small Claims Court.

Hi, my name is Rose. A couple of years ago, I entered into an agreement with someone to build a website for my new business.

The developer invoiced me for KES.100,000 to do the work, asking that it be paid upfront. Immediately after making payment, the games began. I could not reach the developer, and there was no website.

After a frustrating few months of trying to follow up the developer, I decided to get a lawyer to send a demand note. Unsurprisingly, the developer never responded to the demand letter. My lawyer suggested we file a small claims suit against him for recovery of the money, and we did that around May last year.

However, because of the pandemic, and the shift to a new e-filing system, the case file got lost and it only reappeared recently. The developer has filed a defence but we are yet to get a date. However, someone told me recently that there is a new court handling claims like mine, and I wanted to know, how do I proceed with my case to get justice in the fastest possible way.

Research by Maurine Kerich ([e-mail])

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