A standstill agreement is a contractual arrangement between parties in a dispute or financial distress that temporarily halts enforcement actions, litigation, or running of limitation periods. Its mai...
Precedent-Setting Judgment in Opticom Kenya Limited v. Kenya Hospital Association t/a The Nairobi Hospital on the Interaction Between Insolvency Law and Arbitration Agreements-Milimani Commercial & Ta...
In a landmark decision with wide implications for creditors, debtors, and insolvency practitioners, the Court of Appeal has held that insolvency proceedings must not be used as a tool to collect dispu...
Fraudulent transfers and asset manipulation are some of the most pervasive strategies used by debtors and rogue directors to defeat legitimate claims by creditors and shareholders....
A guarantee is a binding promise from one person (the guarantor), to be answerable for the debt or obligations of another (the debtor or borrower), if that other person defaults. The creditors to whom...
Imagine a local construction company is awarded a government contract for road construction. To execute the project, it forms a subsidiary company which handles procurement and subcontracting. Over ti...
The Digital Credit Providers ("DCP") regulation, now referred to as Non-Deposit Taking Credit Businesses ("NDTB") regulation following the Business Laws (Amendment) Act, 2024, has undergone significan...
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In instances where a property owner and/or developer is faced with insolvency proceedings, the developer risks being left with no way of recovering funds expended in the construction project especiall...
A guarantee is an undertaking to answer for the payment of another’s debt or the performance of another’s duty, liability or obligation. ...
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