Placed before the Court in Chambers today and ex parte is the Petitioners/Applicants' Notice of Motion Application dated 13/08/2025 which seeks to bring forward the mention of 08/09/2025 in favour of a mention on 14/08/2025, being today. The Application is supported by the Affidavit of Satho Umalkher Adan, a Director of the 1st Petitioner/Applicant, dated 13/08/2025.
The reason for the earlier mention date is advanced by the Applicants as being their intention to withdraw the Petition. At Paragraph 8 of the Supporting Affidavit the deponent stated " THAT the Petitioners seek the indulgence of the Court for a mention on the 14th August, 2025 for the purposes of marking the Petition as withdrawn to ease the Court's Diary and avoid anxiety to the parties after the agreement."
At Paragraph 6 of the Supporting Affidavit, the 1st Petitioner's Director states under oath " THAT the parties had sat down and arbitrated the matter and came to an agreement that the matter be withdrawn hence the Notice of Withdrawal on record."
The Court notes that indeed there is a Notice of Withdrawal on record, and the same was filed on 10/08/2025.
Considering the foregoing, the Court finds that this is a straightforward Application that is fit and ripe for summary determination ex parte and in Chambers in favour of the Applicants. Allowing the Application summarily resonates with the constitutional imperatives contained in Article 159 of the Constitution to ensure that justice is not delayed and that alternative forms of dispute resolution including reconciliation and mediation are promoted. The Court is also mindful that a Petition can be withdrawn by a Petitioner during a court session notwithstanding the absence of the Respondents.
Consequently, the Petitioners/Applicants' Notice of Motion Application dated 13/08/2025 is summarily allowed on the following terms:
a)The Mention date of 08/09/2025 is vacated and replaced with a Mention on 14/08/2025;
b) The Petition shall be mentioned on 14/08/2025 at 09:30AM virtually;
c) A Supplementary Causelist or an Amended Causelist to be generated by the registry immediately and CTS to be updated immediately;
d) The Petitioners to serve this Ruling and a Mention Notice on the Respondents by 09:00AM today; and
e) There shall be no costs in the Application.
7. Orders accordingly.
DATED, SIGNED, AND DELIVERED ELECTRONICALLY AND IN CHAMBERS ON THIS FOURTEENTH DAY OF AUGUST IN THE YEAR 2025.
The reason for the earlier mention date is advanced by the Applicants as being their intention to withdraw the Petition. At Paragraph 8 of the Supporting Affidavit the deponent stated " THAT the Petitioners seek the indulgence of the Court for a mention on the 14th August, 2025 for the purposes of marking the Petition as withdrawn to ease the Court's Diary and avoid anxiety to the parties after the agreement."
At Paragraph 6 of the Supporting Affidavit, the 1st Petitioner's Director states under oath " THAT the parties had sat down and arbitrated the matter and came to an agreement that the matter be withdrawn hence the Notice of Withdrawal on record."
The Court notes that indeed there is a Notice of Withdrawal on record, and the same was filed on 10/08/2025.
Considering the foregoing, the Court finds that this is a straightforward Application that is fit and ripe for summary determination ex parte and in Chambers in favour of the Applicants. Allowing the Application summarily resonates with the constitutional imperatives contained in Article 159 of the Constitution to ensure that justice is not delayed and that alternative forms of dispute resolution including reconciliation and mediation are promoted. The Court is also mindful that a Petition can be withdrawn by a Petitioner during a court session notwithstanding the absence of the Respondents.
Consequently, the Petitioners/Applicants' Notice of Motion Application dated 13/08/2025 is summarily allowed on the following terms:
a)The Mention date of 08/09/2025 is vacated and replaced with a Mention on 14/08/2025;
b) The Petition shall be mentioned on 14/08/2025 at 09:30AM virtually;
c) A Supplementary Causelist or an Amended Causelist to be generated by the registry immediately and CTS to be updated immediately;
d) The Petitioners to serve this Ruling and a Mention Notice on the Respondents by 09:00AM today; and
e) There shall be no costs in the Application.
7. Orders accordingly.
DATED, SIGNED, AND DELIVERED ELECTRONICALLY AND IN CHAMBERS ON THIS FOURTEENTH DAY OF AUGUST IN THE YEAR 2025.