David Nyamai & 7 others v Del Monte Kenya Limited [2021] KEELRC 1946 (KLR)

Summary at a glance

Facts

The case was filed on 24th October, 2014, and the Court of Appeal in Nyeri Court of Appeal Civil Appeal No.44 of 2016 dismissed the claims of the 4th, 5th, and 8th claimants. The remaining claimants have not taken any significant steps to set down the suit for hearing since the Court of Appeal's ruling.

Issues

• Whether the claims against the 4th, 5th, and 8th claimants should be dismissed for want of prosecution.
• Whether the court should make further orders for the ends of justice.

Reasoning

The court found that the remaining claimants have shown grave inordinate and inexcusable delay and have lost interest in the proceedings, leading to irredeemable prejudice to the respondent.

Outcome

Appeal dismissed

Orders

• The claims against the 4th, 5th, and 8th claimants be and is hereby dismissed for want of prosecution.
• The parties bear their costs of the application and the main cause/claim.