I have perused the application dated 3.12.22 brought under a certificate of urgency. I certify matter as urgent. From the disclosed facts, an arguable case is established that merits ventilation at a substantive stage. I accordingly grant leave in terms of prayers 2(a), (b) and (c).The substantive motion be taken out within 21 days hereof and served. Response be filed within 14 days of service of the motion.
As regards the plea that the leave granted operates as a stay, in consonance with Order 53(1)(4) of the Civil procedure Rules, am of the view that the question be canvassed inter partes.
The chamber summons be served. Response restricted to prayer 3 be filed in 2 days upon service. Applicant's submission on stay be filed within 1 day of service and for the respondent within 1 day of service of rival submissions.
Mention on 14.12.22 to confirm filings. All service must be clearly demonstrated through a physical affidavit of service on record.