I have paid a guy to do some stuff for me and the guy has delayed the whole process for a 2 months and he just started working on the project and he abandoned it at the start. I have been pushing him and the guy keeps assuring me that he will start working on it, i made a surprise visit yesterday and the guy has totally done nothing and i decided to report him to the police where by he was arrested and i demanded to get my full refund so that i can give the job to another guy.
The guy insisted that he will resume working on the project but i said no all i need is a refund from him, the guy just bribed the officer handling the case and he was released on a free bond until 4th Nov.
After the bond time lapses can i sue the guy again or what will happen coz the cop told me i can give the job to someone else.
I need your advice on the legal process that can apply in such kind of a situation.
Lawyer here with a degree in lawyering and other expertological studies. My advice is that you get a real lawyer now that you have shown him your intentions to go the legal way.
I bet you will use more on paying your lawyer and bribing cops than the amount you paid him as the deposit. Justice in Kenya is a slow process. It may take years before a ruling is made on your case. Besides, even of the court rules on your favor, the guy can still refuse to pay, initiating another legal process.
Ask to see the junior officer’s boss. The OCS who is most likely a Chief Inspector (He has three STARS on his shoulder) ama deputy wake Inspector (mawe mbili). And explain your predicament. If its a sizeable amount just file a civil case. You know you can pay 150 daily for his upkeep at a remand facility until he pays
Learn to negotiate. If you have already agreed, there may be a reason why he has not prioritised your project. So, you should have a clause in your CONTRACT that penalises delays from each party.
Do not waste time with the cops as no criminal offence has been committed. This is a simple breach of contract n no wonder he was set free. I do not understand the purpose of him going back on nov 4 as he has not been charged with an offence. See an advocate. Instruct the advocate to issue him with a demand letter demanding 4 ur money back. U can give him 7 to 14 days within which he shud pay you. If he fails, file a civil claim in court. Ensure that u hav enough evidence that u had an agreement with him whether oral or written. Most probably he will deny n the burden will be on you to prove ur case. Hav evidence that indeed u made the amounts u will be seeking for to him. Don’t worry about lawyer’s costs. The money u hav used in the suit shall be awarded to you in the judgment. Hope thats helps. Any questions hit me on my inbox.
Depends on how much he is claiming for. We are guided by the Advocates remuneration Order. The amount to charge is determined by the amount in the pleadings or the amount inthe final judgment.