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Portrait of Samir Inamdar

Samir Inamdar

The Senior Partner

CMS Daly Inamdar Advocates
Sea View Plaza
Sea View Plaza, Mama Ngina Drive
80100 Mombasa
Languages English

Samir is a Partner and Head of the Litigation & Dispute Resolution Department. He was admitted as a Solicitor in England in 1986 and as an Advocate of the High Court of Kenya in 1996.

Samir’s areas of practice are Civil and Commercial Litigation, Admiralty and Maritime Law, Arbitration, Carriage of Goods, Constitutional Law and Judicial Review, Medical Negligence, Insurance, Partnership and Shareholder disputes, Property, Succession Disputes, Company Law, Receivership and Insolvency.

Samir is ranked as a leading lawyer by international legal directory, Legal 500. He is regularly retained for a wide range of advisory and consultancy work by a variety of international legal practices, shipping companies, P&I Clubs and other commercial enterprises on matters relating to Kenyan law, practice and procedure and to represent parties and/or lead other Counsel in court proceedings and arbitrations.

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Relevant experience

  • Successfully defending and resolving a dispute involving the attachment of a power supply barge by way of a Mareva injunction issued by the High Court of Mombasa.
  • Successfully defending a surgeon in a brain damage case resulting from the inadequate administration of oxygen during surgery.
  • Successfully overturning a High Court judgment striking out a Winding Up Petition in the Court of Appeal and establishing principles involved in serving documents in winding up causes.
  • Successfully overturning a High Court judgment in the Court of Appeal concerning the constitutional right of a professional to be prosecuted by a disciplinary tribunal without undue delay.
  • Successfully defending a derivative action and settling a substantial shareholders dispute concerning the sale of their company’s stake in a paint manufacturing group.
  • Successfully dismissing arbitration proceedings brought against a major cement manufacturer claiming substantial damages arising out of the award of a tender.
  • Successfully upholding a High Court judgment in the Court of Appeal in a major insurance dispute turning on the legal principles applicable to non-disclosure and misrepresentation in the issuance of an insurance policy by an insurer.
  • Successfully obtaining a warrant of arrest and an Anton Piller order to secure and preserve ships logs in a dispute involving a salvage claim made in respect of an immobilized vessel and the cargo laden aboard it which had drifted into Somali waters.
  • Currently engaged in the Supreme Court of Kenya in a landmark appeal from the Court of Appeal turning on the jurisdiction of a Water Board to levy charges for use of sea water by the salt manufacturing industry.
  • Currently engaged in the Court of Appeal in seeking to establish the statutory immunity available to a major regional bank concerning liability in exercise of its lending powers.
  • Currently engaged in the High Court in a substantial claim against the Kenya Airports Authority and its appointed contractor for unpaid amounts due to a sub-contractor for construction works undertaken at Jomo Kenyatta International Airport.
  • Currently engaged in defending members of the mining industry against a complaint made over their alleged failure to comply with licensing provisions of the Mining Act.
  • Currently engaged in defending several high profile disciplinary and court actions brought against leading members of the medical profession for alleged negligence in their treatment and management of patients.
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Memberships & Roles

  • Law Society of Kenya
  • Mombasa Law Society
  • Law Society of England & Wales
  • Chartered Institute of Arbitrators
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1996 – Admitted as Advocate of the High Court of Kenya

1986 – Admitted as an English solicitor

1982 – Birmingham University, UK – Bachelor of Social Sciences (Econ/Pol)

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Re­struc­tur­ing and in­solv­ency law in Kenya
1. What is the primary le­gis­la­tion gov­ern­ing in­solv­ency and re­struc­tur­ing pro­ceed­ings in your jur­is­dic­tion? The primary le­gis­la­tion gov­ern­ing in­solv­ency in Kenya is the In­solv­ency Act (No. 18 of 2015)...
In­solv­ency and Re­struc­tur­ing
1.What is the primary le­gis­la­tion gov­ern­ing in­solv­ency and re­struc­tur­ing pro­ceed­ings in Kenya?The primary le­gis­la­tion gov­ern­ing in­solv­ency in Kenya is the In­solv­ency Act (No. 18 of 2015), which reg­u­lates...