Thread by @niqlaw

Hakuna pesa hutoka mbali kama ya wakili,it’s literally a juakali job but in suits.
A thread 🌚

Client comes in with a dispute and you realize it is a winnable case. You draft the demand letter .
It is ignored for 2months .
Client agrees to sue. You incur costs to file a case,costs to serve documents,pay for filing of affidavits and pleadings.

You get a ruling in your favor or judgement is entered in your favor ex parte.
You try to execute.
The other side now hires a lawyer 😅 The lawyer comes in record and applies to have judgement set aside. As usual they are allowed so that principle of natural justice prevails

The opposing counsel asks for a Mention date a couple of months into the future so as to “get familiar with the case” 😅
They are granted a mention date and also file a defense where they deny everything apart from their names and address

You get a date for Directions or hearing of ur case.
The date comes and witnesses are not all present,some are sick others just went mute. So the case is heard partially. This happens when you’re relying on expert witnesses or a police officer testimony coz of their schedules

Finally your expert witnesses have made time to appear in court,you find that the court calendar is packed so you get a another far off date where all remaining witnesses are heard. You breath a sigh of relief.The parties /litigants close their cases.

You are given 21-30days to file your submissions or any further documents. You go into Court again to file submissions,all this while you are likely not to have received a single cent from the client (Kenyan clients are experts in promises most of the time 😅 )

This means all th above costs were incurred by you or the firm. U now plead with th client to make some small deposit as a sign of good faith,they promise again to sort you in a few days or weeks. By chance they deposit a cheque or wire some funds. You wipe th sweat off ur brow

U treat yourself to at a swanky establishment at least to reward yourself a bit.
U appear in court n ar givn a judgment date later in future.judgement comes in ur favor.Opposing counsel ask for stay of execution.U allow the stay coz at least you are tasting victory right?
Wrong!

Ghafla bin vuu Mara ndio hio memorandum of Appeal unakua served. The opposing party wants to appeal and have the judgement set aside. In short they are saying your win was illegitimate and it should be overturned. You are back to square one and the money is slipping away

You prepare the appeal ,bund documents make numerous copies etc 3 yrs later th appeal fails and you now start calculating your bill of cost.
Opposing party says they’ll start paying after 45days and in installments.
You smile and accept your fate coz at least money will come now

Now comes the execution part where you help your client get their fruits of a successful litigation and after that you get your legal fees paid in full hopefully.
I have said hopefully coz some client still run away with your fees after all the above.
You accept and move on 🌚

The above does not always happen and sometimes all is resolved quickly which is good.
Be that as it may Lawyering is a calling and a noble cause as you can see. Hug a lawyer when you can. We sometimes have to undergo all the above continuously.

#TheEnd