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LAWRENCE NDUTU & 6000 OTHERS
V.
KENYA BREWERIES LIMITED & ANOTHER

(2012) JELR 104246 (CA)

Court of Appeal 20 Apr 2012 Kenya
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Case Details

Suit Number:Civil Application Nai. 291 of 2011 (Ur 192/2011)
Judges:Samuel Elikana Ondari Bosire, David Kenani Maraga, Wanjiru Karanja
Location:Nairobi
Other Citations:Lawrence Ndutu & 6000 others v. Kenya Breweries Limited & another [2012] eKLR

RULING OF THE COURT

The notice of motion dated 23rd December 2011was filed by the law firm of O. P. Ngoge& Associates Advocates on behalf of about six thousand former employees of Kenya Breweries Limited, the first respondent herein whose contracts of employment were terminated pursuant to the 1st respondent’s restructuring process.

The said applicants are the plaintiffs in Nairobi H.C.C.C No. 279 of 2000. Due to their large number and the fact that there existed a community of interest in their suit, and also for purposes of expediency and practicability, the High court (Hon. Waweru J.) ordered that the matter proceeds as a representative suit under Order 1 Rule 8 of the Civil Procedure Rules. Pursuant to that order, four plaintiffs were appointed to prosecute the suit on behalf of all the others. As at that time, all the plaintiffs were represented by the firm of Ngoge& Associates Advocates.

Notice to all the interested parties was issued pursuant to Order 1 Rule 8(2)of the Civil Proce…

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