Kesabo & Ors v African Barrick Gold Plc & Anor

Kesabo & Ors v African Barrick Gold Plc & Anor

The particulars of claim were not served within the time specified by the rules. However, relief from sanctions and a short extension of time for service are granted, considering the overriding objective, the lack of intentional default, the difficulties faced by the Claimants, and the interests of justice.

Parties
Claimants: Magige Ghati Kesabo and 11 others; 1st Defendant: African Barrick Gold Plc; 2nd Defendant: North Mara Gold Mine Ltd
Jurisdiction
England and Wales
Judgment Date
23 October 2013
Procedural Posture
Civil / Application for Declaration of Timely Service And/or Relief From Sanctions for Late Service of Particulars of Claim
Outcome
Relief from sanctions and extension of time for service of particulars of claim granted.
Legal Topics
Service of Process, Relief From Sanctions, Extension of Time, Personal Injury, Vicarious Liability
Civil Procedure Service of Process Relief From Sanctions Extension of Time Personal Injury Vicarious Liability

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Parties

Magige Ghati Kesabo and 11 others

Claimants

African Barrick Gold Plc

1st Defendant

North Mara Gold Mine Ltd

2nd Defendant

Procedural Posture

Civil / Application for Declaration of Timely Service And/or Relief From Sanctions for Late Service of Particulars of Claim

Legal Issues

  1. 1 Whether the particulars of claim were served in time under the Civil Procedure Rules
  2. 2 Whether relief from sanctions and extension of time for service of particulars of claim should be granted

Ratio Decidendi

The particulars of claim were not served within the time specified by the rules. However, relief from sanctions and a short extension of time for service are granted, considering the overriding objective, the lack of intentional default, the difficulties faced by the Claimants, and the interests of justice.

Court Disposition

Relief from sanctions and extension of time for service of particulars of claim granted.

Orders

  • Claimants granted a short extension of time from the judgment to serve compliant particulars of claim.
  • Court to hear parties on costs and directions for the anti-suit injunction application.