Dispute and litigation support

• Our Team undertook a comprehensive assignment for a prominent player in the hospitality industry, focusing on computing loss of profit and evaluating capital costs following the unjustified termination of a license agreement. The assignment covered the period from the date of forceful eviction, assessing the impact on a specific camp and the broader Circuit of the business. With the goal of submitting a claim for diminished value, the management sought to justify the losses.
• In this significant endeavor, the value of loss suffered under this claim was worth USD 47.5 mn. The Team played a pivotal role in computing the loss value and presenting a comprehensive report based on these computations, serving as a key component in justifying the substantial claim.
• Additionally, we served as expert witnesses in the arbitration process, further reinforcing our findings.  

• In response to a complaint from one of the client's shareholders, Our Team was engaged to review financial projections prepared by management and conduct an independent business valuation for a company in the healthcare industry.
• The purpose was to provide the company with the current and potential future realizable fair value, supporting an ongoing court case with the shareholders. Our team seamlessly integrated an independent review and comprehensive report, crucial in navigating the litigation case where the shareholder sought a compensation of USD 22.8 million. Moreover, presenting our findings as expert witnesses enhanced our role, ensuring a cohesive and robust approach to the legal proceedings

• A Tier I Bank engaged Our Team to conduct an impartial assessment of the valuation presented by a party. This review was in response to a party's claim worth USD 215.11 million.
• Additionally, we had been tasked with performing a business valuation of the party concerning the active litigation proceedings.
• The purpose of the engagement was to furnish the Tier I Bank with advisory services pertinent to the ongoing litigation proceedings. Our Team undertook an independent review of the provided valuation, conducted its own impartial assessment, and presented the findings in a comprehensive report.
• In addition to our Team’s independent review and comprehensive report, acting as expert witnesses has been instrumental in supporting the financial services provider's position in the ongoing litigation proceedings against the party.

• A Tier III Bank in Kenya has engaged our team to conduct an independent analysis/audit for one of their customer's accounts.
• The primary goal is to ensure that the transactions within the customer's accounts align with the facilities provided to them. Licensed and supervised by the Central Bank of Kenya, this Tier III bank maintains a privately held stock and serves a diverse clientele, encompassing both individuals and corporate clients.
• The proposed assignment was aimed to guarantee the integrity and alignment of transactions with the provided facilities, fostering a seamless and compliant financial environment.

• A Tier I bank extended loan facilities to a construction and infrastructure development Company . However, the bank declined crucial loan facilities for three projects allegedly causing project delays. Following the Company's debt default, the bank auctioned real estate property secured against the loans. Our Team was engaged to evaluate the financial implications:

* The forced property sale incurred significant costs for the Company, including fair value losses, loss of business value, and displacement costs.

* In this substantial undertaking, the incurred loss under this claim amounted to USD 7.5 mn

• Our Team's expertise was crucial in assessing and presenting a comprehensive understanding of the financial dynamics. The Company was seeking to recover these costs, reflecting the complexities inherent in the financial and construction industries. Our expert witnesses in line with the comprehensive report were instrumental in supporting the Tier I Bank’s position in the litigation proceedings against the party.

• A Kenyan (privately-owned) sugar manufacturer faced a significant setback when the government closed its factory and warehouse stores in a multi-agency operation against illicit trade. This led to a complete operational shutdown, hindering sales and halting production. Our team played a crucial role, providing a detailed business overview, case analysis, and expert witness representation. In this venture, the assessed loss amounted to USD 75.95 million.
• The focus was on quantifying the loss of current and future earnings due to the government's closure in Kenya. In response to perceived illegal actions, the company pursued court orders for compensation, underscoring the legal and financial challenges arising from the government's intervention.

Education & training

• In response to a claim filed against a multinational agribusiness company, our team was engaged to support the client in navigating a complex commercial dispute involving alleged breach of contract and unauthorized use of intellectual property. The dispute arose from a termination of partnership, where the Plaintiff claimed damages of USD 83 million, including USD 50 million for IP infringement and USD 33 million for a lost investment opportunity.
• Our team conducted a detailed review of the claims which included punitive damages of USD 2.1mn based on the cost of the IP, annual revenue loss of USD 0.77mn, loss of profits of USD 1.92mn, a 5-year projected revenue of USD 44.92mn and loss of opportunity cost of USD 33.33mn equity investment withdrawn. Additionally, we conducted an independent business valuation for a company in the Educational Technology sector.
• We provided a comprehensive expert report, strategic advisory support and presentation in court as an expert witness, contributing to the client’s legal defense and positioning in the ongoing arbitration proceedings.

Real Estate

• Following a court-ordered suspension of a major residential development project, our team was engaged by a real estate developer to assess and quantify the financial losses incurred due to the disruption.
• The dispute stemmed from an injunction initiated by the land vendor, which halted construction of Phase 2 of a residential project for a period of 12 months. Our team conducted a detailed financial loss assessment, quantifying both consequential loss amounting to USD 3.7mn and liquidated costs resulting from the delay amounting to USD 0.27mn.
• We provided a comprehensive expert report, strategic advisory support and presentation in court as an expert witness, contributing to the client’s legal defense and positioning in the ongoing arbitration proceedings.