I have perused the instant application brought under a certificate of urgency. From the disclosed facts, am satisfied that the applicant has established an arguable case that merits hearing at a substantive hearing. I grant leave in terms of prayers 1 (a) and (b).
As regards the prayer that the leave so granted operates as a stay, am of the considered view that the question whether the leave operates as a stay be canvassed inter partes.
The substantive motion be taken out in 21 days.
The question of stay shall be canvassed by way of written submissions. The applicant to file such submissions within 7 days and the respondent within 7 days of service.
Matter be mentioned before Chigiti J on 2,2,23 for further orders.