'I have considered the chamber summons dated 23rd September, 2025, the statutory statement, verifying affidavit and the annexures thereto.
The Application is brought under certificate of urgency under Order 53 of the Civil Procedure Rules. I am satisfied that the application is urgent in view of the injunctive order granted by the respondent which has the effect of barring the applicants from operating as PSV which has an adverse effect on many livelihoods.
I therefore certify the application as urgent.
On the prayer for leave to apply, the purpose of applying for leave in a judicial review application is to filter out unmeritorious or trivial cases at an early stage. It is a preliminary stage to ensure the applicant has a case with sufficient merit to proceed to a substantive hearing.
Having perused the pleadings and accompanying documents, I am satisfied that the application is not frivolous and that the applicant has established a prima facie case for in depth consideration on its merit. Without delving into the merits of the intended application, the applicant claims that the orders that were issued without any decision having been made by the NTSA capable of being appealed from hence the question of whether the said orders were made with jurisdiction and that the injunctive orders were made to last beyond the 14 days contrary to the law. These are some of the issues that the Court will investigate at the substantive stage.
I therefore grant leave to the applicant to apply for judicial review orders sought in prayer No.2 and 3 of the Chamber Summons.
The substantive motion to be filed and served within seven days of today in a separate and fresh substantive Judicial Review file.
On the prayer that the leave so granted do operate as stay of enforcement of the impugned order made by the respondent on 16th September, 2025, I am satisfied that unless a stay is granted, the applicant will suffer irreparable loss and that other third parties who are employed by the applicant will suffer irreparably.
Accordingly, I hereby order that the leave so granted herein shall operate as a stay of enforcement or implementation of the orders issued by the respondent on 16th September, 2025.
Each party bears their own costs of this application.
This file is closed.'
The Application is brought under certificate of urgency under Order 53 of the Civil Procedure Rules. I am satisfied that the application is urgent in view of the injunctive order granted by the respondent which has the effect of barring the applicants from operating as PSV which has an adverse effect on many livelihoods.
I therefore certify the application as urgent.
On the prayer for leave to apply, the purpose of applying for leave in a judicial review application is to filter out unmeritorious or trivial cases at an early stage. It is a preliminary stage to ensure the applicant has a case with sufficient merit to proceed to a substantive hearing.
Having perused the pleadings and accompanying documents, I am satisfied that the application is not frivolous and that the applicant has established a prima facie case for in depth consideration on its merit. Without delving into the merits of the intended application, the applicant claims that the orders that were issued without any decision having been made by the NTSA capable of being appealed from hence the question of whether the said orders were made with jurisdiction and that the injunctive orders were made to last beyond the 14 days contrary to the law. These are some of the issues that the Court will investigate at the substantive stage.
I therefore grant leave to the applicant to apply for judicial review orders sought in prayer No.2 and 3 of the Chamber Summons.
The substantive motion to be filed and served within seven days of today in a separate and fresh substantive Judicial Review file.
On the prayer that the leave so granted do operate as stay of enforcement of the impugned order made by the respondent on 16th September, 2025, I am satisfied that unless a stay is granted, the applicant will suffer irreparable loss and that other third parties who are employed by the applicant will suffer irreparably.
Accordingly, I hereby order that the leave so granted herein shall operate as a stay of enforcement or implementation of the orders issued by the respondent on 16th September, 2025.
Each party bears their own costs of this application.
This file is closed.'