How do I sue a contractor who didn't finish work in Kinshasa's civil courts?

In Kinshasa, dealing with a contractor who has breached a contract is a recognized legal issue under the Congolese Civil Code. While you can file a civil claim for damages, the process is formal and can be lengthy.

1. Immediate Action & Required Documents
Before filing a lawsuit, you must formally establish that the contractor is in breach.

Formal Notice (Mise en Demeure): You must send a formal demand letter to the contractor. This document puts them in official \"default,\" which is legally required to start calculating damages and interest. It should state clearly what work remains, a deadline to finish it, and that legal action will follow if they fail to comply.

Evidence of Contract: A written contract is best, but if the agreement was oral, you will need other proof of the agreement's existence (e.g., text messages, emails, witnesses).​

Proof of Payment: Bank transfer receipts, mobile money records (M-Pesa/Orange Money), or signed cash receipts.

Evidence of Breach: Photos of the unfinished work, correspondence where the contractor admits to delays, or a report from a third-party expert (like a different contractor or bailiff) verifying the status of the site.​

2. Filing Process
The legal procedure in the DRC involves strict formalities typically handled by court officers rather than just filing paperwork at a counter.

Drafting the Summons (Assignation): You cannot simply fill out a form. You must have a writ of summons drafted. This document outlines your identity, the contractor's identity, the facts, and the damages you are claiming.​

Service by Bailiff (Huissier de Justice): The summons must be served to the contractor by a sworn bailiff (Huissier). Recent reforms confirm that serving this document is the exclusive competence of bailiffs, not court clerks.​

Filing at the Competent Court:

Tribunal de Commerce: If the contractor is a registered company or professional merchant, the Commercial Court is likely the correct venue.​

Tribunal de Grande Instance (TGI): If the dispute is purely civil (e.g., an independent handyman), the TGI is the general court of jurisdiction.

Paying Court Fees: You will be required to pay filing fees. Recent regulations set the proportional filing fee (droits de consignation) at roughly 2% of the value of your claim.​

3. Typical Timelines
Be prepared for a slow process.

Total Duration: Historical data indicates enforcing a contract in Kinshasa can take between 300 and 610 days (roughly 1–2 years).​

Service of Process: Getting the summons served typically takes 15–20 days.​

Trial and Judgment: The court phase itself often lasts 240–300 days due to backlogs and adjournments.​

Enforcement: Even after winning, enforcing the judgment (seizing assets) can take additional months.

4. Should You Hire a Local Attorney?
Yes, it is highly recommended.
While you technically can represent yourself, the system in Kinshasa is procedurally complex.

Bailiff Interaction: You need a lawyer to effectively coordinate with the Huissier de Justice for serving documents, which is a mandatory step.​

Formalities: Congolese courts are strict about procedural rules. A minor error in the Assignation (summons) can get your entire case dismissed before the judge hears the facts.

Cost: If the claim value is small, the legal fees might outweigh the benefits. However, for significant damages, a lawyer is essential to navigate the Commercial Court or TGI.