I have considered the Chamber Summons dated 10/4/2025 filed under certificate of urgency under the VACATION RULES, The Judicature Act and the High Court Organization and Administration Act and Rules.
I observe that this is a Public Procurement matter and that the statute under which the impugned decision was made provides for strict timelines within which the Judicial review application must be heard and determined, upon filing thereof.
I am therefore satisfied that the Originating Motion having been filed within 14 days from the date of the impugned decision on 2nd April, 2025, is urgent for consideration during the recess. I certify the Originating Chamber Summons to be urgent and grant leave to the applicant to be heard during the Easter Recess.
On the Originating Motion as filed under certificate of urgency, I equally certify it as urgent.
On the prayers sought, I observe that the matter is brought under the Fair Administrative Action Act and the 2024 Rules.
The applicant seeks for judicial review orders as well as the prayer for stay of implementation of the decision of the Review Board made on 2nd April, 2025.
I am satisfied that unless an interim relief is granted, if the decision being challenged is not stayed and the procuring entity proceeds to enter into a contract and the contract is implemented, it will defeat the purpose of these proceedings which shall be rendered nugatory and the applicant will be rendered a pious explorer in the judicial process.
Accordingly, I hereby allow the prayer for stay of implementation of the Review Board's decision made on 2nd April 2025 and order that the status quo shall be maintained until these proceedings are heard and determined on merit, which shall not prejudice the other parties since the timelines for disposal are very short, as stipulated in law.
I further direct that the applicant serves the respondents and interested parties with the Originating Motion and this ruling within two days of today by email supplied during the hearing at the Review Board, upon which the respondents and interested parties shall have 5 days of date of service to file and serve their responses to the application with the applicant having leave of two days within which to file and serve a further affidavit with written submissions. The respondents and the interested party shall thereafter have 5 days of date of service to file and serve a supplementary affidavit if any together with written submissions.
The matter shall be mentioned on 24th April, 2025 for further directions on the ruling date.
I so order.
I observe that this is a Public Procurement matter and that the statute under which the impugned decision was made provides for strict timelines within which the Judicial review application must be heard and determined, upon filing thereof.
I am therefore satisfied that the Originating Motion having been filed within 14 days from the date of the impugned decision on 2nd April, 2025, is urgent for consideration during the recess. I certify the Originating Chamber Summons to be urgent and grant leave to the applicant to be heard during the Easter Recess.
On the Originating Motion as filed under certificate of urgency, I equally certify it as urgent.
On the prayers sought, I observe that the matter is brought under the Fair Administrative Action Act and the 2024 Rules.
The applicant seeks for judicial review orders as well as the prayer for stay of implementation of the decision of the Review Board made on 2nd April, 2025.
I am satisfied that unless an interim relief is granted, if the decision being challenged is not stayed and the procuring entity proceeds to enter into a contract and the contract is implemented, it will defeat the purpose of these proceedings which shall be rendered nugatory and the applicant will be rendered a pious explorer in the judicial process.
Accordingly, I hereby allow the prayer for stay of implementation of the Review Board's decision made on 2nd April 2025 and order that the status quo shall be maintained until these proceedings are heard and determined on merit, which shall not prejudice the other parties since the timelines for disposal are very short, as stipulated in law.
I further direct that the applicant serves the respondents and interested parties with the Originating Motion and this ruling within two days of today by email supplied during the hearing at the Review Board, upon which the respondents and interested parties shall have 5 days of date of service to file and serve their responses to the application with the applicant having leave of two days within which to file and serve a further affidavit with written submissions. The respondents and the interested party shall thereafter have 5 days of date of service to file and serve a supplementary affidavit if any together with written submissions.
The matter shall be mentioned on 24th April, 2025 for further directions on the ruling date.
I so order.