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Kirith Haria

Senior Associate | Johannesburg

Kirith-Haria

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Contact

T: +27 11 669 9627

Overview

Kirith is a senior associate and a member of Bowmans’ Dispute Resolution Department of our Johannesburg office and a member of the Litigation Practice.

Kirith has provided expert advice in litigation to clients in South Africa, France, United Kingdom, United States of America, among others. His portfolio of clients traverses the energy, transportation, petroleum sectors. Coming from a global law firm, Kirith brings a wealth of experience in providing expert advice to his clients ensuring that his clients receive optimal solutions.

With a decade of experience in litigation, Kirith has resolves disputes through negotiation, mediation, arbitration and/or litigation in South Africa and globally. He drafts pleadings, notices, documents and affidavits in actions and applications (motion proceedings), argue matters in the various courts of South Africa with both senior and junior counsel. Kirith regularly practises dispute resolution in major commercial matters in various sectors in South Africa and globally. Core to his strategy is effectively and efficiently resolving disputes by harmonising law and technology, making use of a variety of technological advances within Bowmans that brings solutions to his clients’ disputes.

Experience

  • Confidential client: successfully obtained an interdict in the car rental industry. We act for a major global car rental company that licensed a South African franchisee. We successfully interdicted the local franchisee from committing several acts of unlawfulness including intellectual property and unlawful competition.
  • Confidential client: successfully resisted an urgent interdict application by a South African franchisee in the transportation industry. Simultaneously, we brought a complex application against the same South African franchisee seeking relief for unlawful competition, trademark infringement, intellectual property infringement, and enforcement of contractual provisions.
  • Confidential client: successfully conducted a complex application in the High Court in the mining industry. My team and I acted for the minority shareholders against twenty-two respondents for a multitude of claims including minority shareholders’ protections (oppressive or prejudicial rights), breach of directors’ duties, setting aside the unlawful transfer of shares, proceedings to declare directors delinquent, and dissenting shareholders’ appraisal rights.
  • Confidential client: successfully litigated a matter in the Commercial Court involving a global petroleum company (our client) and a South African operator. The case addresses the interplay of contractual law, petroleum law, property law, black economic empowerment and transformation in the petroleum industry.
  • Confidential client: currently litigating a multi-prong application where we act for a group of financial companies against an errant ex-shareholder. The litigation concerns various aspects of the Companies Act 71 of 2008 and shareholders’ disputes concerning inter alia the transfer of shares, various rules of court, minority shareholder protection, oppressive or prejudicial conduct or abuse of separate juristic personality of a company, derivative actions, and delinquent directors. Value of the claims are ZAR 180 million.
  • Confidential client: currently litigating a matter in the energy sector in which our global client is defending a contractual claim in the sum of ZAR 700 million.
  • Confidential client: currently resolving mining disputes between our client, UK based multinational, and a Zambian mining company regarding mining operations in Zambia. We are resolving the disputes through negotiation.
  • Confidential clients: currently involved in making applications for the recognition and enforcement of foreign judgments (from France and Australia) orders of Court in South Africa.
  • Confidential client: successfully argued an application in the Companies Tribunal concerning the Companies Act and the Companies and Intellectual Property Commission.
  • Confidential client: advising an aviation company in Mauritius on the business rescue of South African Airways and lodged claims on behalf of our client to the business rescue practitioners. Provided advice on the business rescue process, business rescue plan and advice in terms of insolvency laws.
  • Confidential client: currently defending claims in terms of the Companies Act, contractual law and unjustified enrichment arising out of alleged irregularities, non-performance, fraudulent conduct, and related matters. Value of claim is ZAR 100 million.
  • Confidential client: advising an aviation company in Mauritius on the business rescue of Comair and lodged claims on behalf of our client to the business rescue practitioners. Provided advice on the business rescue process and advice in terms of insolvency laws.
  • Confidential client: advising our client on cross border litigation in Kenya and South Africa. Assisted in the drafting of urgent court proceedings in Kenya. Advising client on the cross-border arbitration proceedings in South Africa to be held under the International Chamber of Commerce’s International Court of Arbitration in inter alia company law of South Africa and contractual laws of online mobile transactional applications. Drafted the arbitration pleadings for a dispute in sum of USD 2 million.
  • Confidential client: advising our client on the consumer credit agreement, acknowledgment of debt, deed of suretyship, cession and pledge. Successfully litigated the matter recovered of debt of ZAR 5 million.
  • Confidential client: successfully defended a summary judgment application.
  • Confidential client: successfully resolved shareholders and directors’ disputes regarding a company in the agriculture sector by negotiation.
  • Confidential client: advising on the Sectional Title Act and instituting legal proceedings arising out of a property-related matter.
  • Confidential client: instituting several rescission of judgment application in the Magistrate and High Courts of South Africa.
  • Confidential client: advising a South African brewery company on company law and labour law.
  • Confidential client: instituting legal proceedings against tenants for non-payment and/or eviction.
  • Confidential client: successfully argued against a summary judgment application in the High Court of South Africa against our client.
  • Confidential client: advising in respect of matters of fraud and extortion.
  • Confidential client: advising and assisting in litigation proceedings arising out of Scotland, United Kingdom.
  • Confidential client: Acting for South Africa’s major electricity provider in a construction matter. My assistance included interpretation of a contract, drafting the breach and termination letter, and enforcement of the bank guarantee.

AREA OF EXPERTISE

Qualifications

  • Bachelor of Arts, Bachelor of Arts (Hons) (International Relations).
  • Bachelor of Laws and a Master of Laws from the University of the Witwatersrand.

Overview

Kirith is a senior associate and a member of Bowmans’ Dispute Resolution Department of our Johannesburg office and a member of the Litigation Practice.

Kirith has provided expert advice in litigation to clients in South Africa, France, United Kingdom, United States of America, among others. His portfolio of clients traverses the energy, transportation, petroleum sectors. Coming from a global law firm, Kirith brings a wealth of experience in providing expert advice to his clients ensuring that his clients receive optimal solutions.

With a decade of experience in litigation, Kirith has resolves disputes through negotiation, mediation, arbitration and/or litigation in South Africa and globally. He drafts pleadings, notices, documents and affidavits in actions and applications (motion proceedings), argue matters in the various courts of South Africa with both senior and junior counsel. Kirith regularly practises dispute resolution in major commercial matters in various sectors in South Africa and globally. Core to his strategy is effectively and efficiently resolving disputes by harmonising law and technology, making use of a variety of technological advances within Bowmans that brings solutions to his clients’ disputes.

Experience

  • Confidential client: successfully obtained an interdict in the car rental industry. We act for a major global car rental company that licensed a South African franchisee. We successfully interdicted the local franchisee from committing several acts of unlawfulness including intellectual property and unlawful competition.
  • Confidential client: successfully resisted an urgent interdict application by a South African franchisee in the transportation industry. Simultaneously, we brought a complex application against the same South African franchisee seeking relief for unlawful competition, trademark infringement, intellectual property infringement, and enforcement of contractual provisions.
  • Confidential client: successfully conducted a complex application in the High Court in the mining industry. My team and I acted for the minority shareholders against twenty-two respondents for a multitude of claims including minority shareholders’ protections (oppressive or prejudicial rights), breach of directors’ duties, setting aside the unlawful transfer of shares, proceedings to declare directors delinquent, and dissenting shareholders’ appraisal rights.
  • Confidential client: successfully litigated a matter in the Commercial Court involving a global petroleum company (our client) and a South African operator. The case addresses the interplay of contractual law, petroleum law, property law, black economic empowerment and transformation in the petroleum industry.
  • Confidential client: currently litigating a multi-prong application where we act for a group of financial companies against an errant ex-shareholder. The litigation concerns various aspects of the Companies Act 71 of 2008 and shareholders’ disputes concerning inter alia the transfer of shares, various rules of court, minority shareholder protection, oppressive or prejudicial conduct or abuse of separate juristic personality of a company, derivative actions, and delinquent directors. Value of the claims are ZAR 180 million.
  • Confidential client: currently litigating a matter in the energy sector in which our global client is defending a contractual claim in the sum of ZAR 700 million.
  • Confidential client: currently resolving mining disputes between our client, UK based multinational, and a Zambian mining company regarding mining operations in Zambia. We are resolving the disputes through negotiation.
  • Confidential clients: currently involved in making applications for the recognition and enforcement of foreign judgments (from France and Australia) orders of Court in South Africa.
  • Confidential client: successfully argued an application in the Companies Tribunal concerning the Companies Act and the Companies and Intellectual Property Commission.
  • Confidential client: advising an aviation company in Mauritius on the business rescue of South African Airways and lodged claims on behalf of our client to the business rescue practitioners. Provided advice on the business rescue process, business rescue plan and advice in terms of insolvency laws.
  • Confidential client: currently defending claims in terms of the Companies Act, contractual law and unjustified enrichment arising out of alleged irregularities, non-performance, fraudulent conduct, and related matters. Value of claim is ZAR 100 million.
  • Confidential client: advising an aviation company in Mauritius on the business rescue of Comair and lodged claims on behalf of our client to the business rescue practitioners. Provided advice on the business rescue process and advice in terms of insolvency laws.
  • Confidential client: advising our client on cross border litigation in Kenya and South Africa. Assisted in the drafting of urgent court proceedings in Kenya. Advising client on the cross-border arbitration proceedings in South Africa to be held under the International Chamber of Commerce’s International Court of Arbitration in inter alia company law of South Africa and contractual laws of online mobile transactional applications. Drafted the arbitration pleadings for a dispute in sum of USD 2 million.
  • Confidential client: advising our client on the consumer credit agreement, acknowledgment of debt, deed of suretyship, cession and pledge. Successfully litigated the matter recovered of debt of ZAR 5 million.
  • Confidential client: successfully defended a summary judgment application.
  • Confidential client: successfully resolved shareholders and directors’ disputes regarding a company in the agriculture sector by negotiation.
  • Confidential client: advising on the Sectional Title Act and instituting legal proceedings arising out of a property-related matter.
  • Confidential client: instituting several rescission of judgment application in the Magistrate and High Courts of South Africa.
  • Confidential client: advising a South African brewery company on company law and labour law.
  • Confidential client: instituting legal proceedings against tenants for non-payment and/or eviction.
  • Confidential client: successfully argued against a summary judgment application in the High Court of South Africa against our client.
  • Confidential client: advising in respect of matters of fraud and extortion.
  • Confidential client: advising and assisting in litigation proceedings arising out of Scotland, United Kingdom.
  • Confidential client: Acting for South Africa’s major electricity provider in a construction matter. My assistance included interpretation of a contract, drafting the breach and termination letter, and enforcement of the bank guarantee.

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