132.
The Respondent did not address this point in its Response of 7
March,
that
2013.
the
However,
matter
the Court takes the view from the pleadings
commenced
in the
High
Court
in 2003
and
was
finalised in 2005 by the conclusion of a consent judgment between
the parties.
In the opinion of the Court, the merits of the case was
determined in 2005, and what took the claimants back to Court was
the execution of the Deed of Settlement.
133:
From the pleadings before this Court, it is clear that since 2003
when the case began in the domestic Courts, and especially after the
signing of the Deed of Settlement in 2005, the delay in the process
has
been
occasioned
by
internal
bickering
Their Reply to the Respondent's
this conclusion.
Response,
among
the
paragraph
claimants.
18 supports
They submit that “ ...in fact, for reasons
below...we would
come
to the conclusion
explained
that bearers of payroll 3A,
under the umbrella Ernest Karata and six others are subject to factor
of
undue
prolong
delay,
and
one
would
wonder
whether
our
honourable Government had no hand on this”.
134.
There is no indication that proceedings at any stage of the case
have
been
unduly
prolonged
in
the
domestic
Courts,
and
the
Applicants did not adduce any evidence to prove collusion between
the
Respondent
procedure’.
and
When
had generated,
the
Justice
of
the Court of Appeal
List
3A
to
‘prolong
the
realised the tension the case
it invoked its power under the Appellate Jurisdiction
Act to intervene, and when
Court,
claimants
Twaib
the case was
disposed
of
referred back to the High
it within
two
weeks,
and
t