Msiya Kindiano   |   Partner  &  Head of Department

Dispute Resolution Department

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E: msiya@bookbinderlaw.co.bw

Msiya Kindiano specializes in conventional and alternative dispute resolution in Botswana and internationally. He has been involved in the majority of the prominent banking and finance, commercial, construction, insolvency and tax litigation matters, as well as the cross-border and international arbitration and restructuring  matters in Botswana since 2005.

He has extensive experience in a variety of sectors, allowing him to advise on the implications of conduct in a number of affected areas of businesses.

His strength lies in his ability to leverage his experience across various corporate and commercial law disciplines to understand risk and to provide creative solutions to complex issues with a focus on cost-effectiveness, efficiency and discretion.

Msiya possesses a unique skill set that has produced results across different disciplines. He;

  • acted as lead counsel for First National Bank of Botswana Limited (“FNBB”) in liquidation litigation against Bridgetown (Proprietary) Limited for BWP 38,000,000.00 and subsequently acted for the liquidator, assisting and advising him in the winding-up process;
  • acted as counsel for FNBB in liquidation litigation against the franchisee of KFC for BWP 40,000,000.00, and subsequently acted for and assisted the liquidator in the winding-up process, including the transfer of the franchise rights;
  • acted as counsel for FNBB against United Refineries Botswana (Proprietary) Limited and others in a recovery action for BWP 25,000,000.00;
  • acted as lead counsel for FNBB and assisted the guarantors of Six Plus One Consultants (Proprietary) Limited and Six Plus One Investments (Proprietary) Limited to successfully restructure and compromise a debt of BWP 17,000,000.00;
  • successfully acted as lead counsel for Bank Gaborone Limited against the Botswana Unified Revenue Service (“BURS”), before the board of adjudicators, in the High Court and in the Court of Appeal, in a matter that set an important precedent for the reckoning of tax with respect to hire purchase agreements in Botswana and secured a tax refund of BWP3,890,964.49;
  • acted as counsel in securing the winding up of BCL Group and acted for and assisted the liquidator with all insolvency litigation and arbitration in Botswana, Zimbabwe, South Africa, and the United Kingdom, assisted with regulatory issues, as well as liaising with the regulatory authorities;
  • acted as counsel for a shareholder and former employee of Morula Capital Partners and secured a multi-million pula out of court settlement;
  • acted as counsel for the liquidator of BCL Limited (in liquidation) in arbitration proceedings commenced by Transport Holdings Botswana and conducted in South Africa for ZAR 16,000,000.00, successfully;
  • acted as instructing attorney on behalf of the liquidator of BCL Limited (in liquidation) in a USD 30,000,000.00 suit against RioZim Limited in the courts of Zimbabwe;
  • acted as counsel for the liquidator of BCL Limited (in liquidation) in an international arbitration before the London Court of International Arbitration (LCIA) commenced by Norilsk Nickel for USD 272,000,000.00.
  • Bachelor of Laws - University of Botswana
  • Admitted as Attorney, Notary Public and Conveyancer of the High Court of Botswana
  • Member of the Law Society of Botswana
  • Member of the Botswana Institute of Arbitrators
  • Member of INSOL International