I have considered the ex parte applicant’s application dated 12/02/2025 filed under certificate of urgency. I am not satisfied that the application is urgent considering that the charge sheet subject of the criminal charges against the applicants is dated 14/1/2025 which is nearly 30 days ago and the applicants in their verifying affidavits do not indicate when they were served with summons to appear before the 3rd respondent with regard to the said charges. I therefore decline to certify the chamber summons application as urgent.
On whether I should grant leave to the ex parte applicant to apply for the judicial review orders of certiorari and prohibition as sought in prayers 2 (i)-(iii) the chamber summons dated 12/2/2025, I find that this is an appropriate case where the respondents and the interested parties should participate in the proceedings from the onset for this court to establish whether the leave sought to apply is merited, I therefore direct the ex parte applicants to serve all the respondents and the interested party with the chamber summons dated 12/2/2025 for inter partes considerations.
Consequently, I shall not stay the decision to charge the ex parte applicants as intended in the drafted charge sheet. I find no prejudice will be occasioned to the applicants if stay is not granted upon the applicants serving the respondents and the interested party with the chamber summons. They have 7 days of service to file and serve their responses.
Mentions on 20/02/2025 for inter partes directions.
I so order.
On whether I should grant leave to the ex parte applicant to apply for the judicial review orders of certiorari and prohibition as sought in prayers 2 (i)-(iii) the chamber summons dated 12/2/2025, I find that this is an appropriate case where the respondents and the interested parties should participate in the proceedings from the onset for this court to establish whether the leave sought to apply is merited, I therefore direct the ex parte applicants to serve all the respondents and the interested party with the chamber summons dated 12/2/2025 for inter partes considerations.
Consequently, I shall not stay the decision to charge the ex parte applicants as intended in the drafted charge sheet. I find no prejudice will be occasioned to the applicants if stay is not granted upon the applicants serving the respondents and the interested party with the chamber summons. They have 7 days of service to file and serve their responses.
Mentions on 20/02/2025 for inter partes directions.
I so order.