Upon reading the applicant's application dated 8th March 2023 and the reasons offered in support of the urgency, I am satisfied that the applicant has demonstrated that the application is urgent and that the same deserves to be heard on a priority basis., I have carefully considered the law, authorities and the tests for leave. I am satisfied that the application raises an arguable case and that it meets the threshold for the leave sought.
On the question of stay, I am satisfied that if the impugned decision is implemented, the substantive application if filed will be rendered nugatory, hence the need to preserve the subject of the dispute.
Accordingly, I make the following orders: -
a. That the application dated 8th March 2023 be and is hereby certified as urgent and that the same is hereby admitted for hearing on a priority basis.
b. That the applicant be and is hereby granted leave as prayed in paragraphs of 2 a to d of the application dated 8th March 2023.
c. That the leave shall operate as a stay in terms of prayer 2 e of the application dated 8th March 2023.
d. That the applicant is directed to file and serve the substantive application within seven (5) days from today.
d That upon being served, the Respondents and the interested parties shall be required to file their Responses to the application within seven (7) days from the date of service.
e. That the applicant is granted leave to file and serve a supplementary affidavit to reply only to new matters together with its submissions on the substantive application within seven (7) days from the date of the last service.
f. That the Respondents and the interested parties are directed to file their respective submissions within seven (7) days from the date of service by the applicant.
g. That the file will be mentioned on 3rd April 2023 for the purposes of confirming compliance and for directions on delivery of the judgment.
h. That a copy of this ruling and the order to be extracted shall be served together with the suit papers.
On the question of stay, I am satisfied that if the impugned decision is implemented, the substantive application if filed will be rendered nugatory, hence the need to preserve the subject of the dispute.
Accordingly, I make the following orders: -
a. That the application dated 8th March 2023 be and is hereby certified as urgent and that the same is hereby admitted for hearing on a priority basis.
b. That the applicant be and is hereby granted leave as prayed in paragraphs of 2 a to d of the application dated 8th March 2023.
c. That the leave shall operate as a stay in terms of prayer 2 e of the application dated 8th March 2023.
d. That the applicant is directed to file and serve the substantive application within seven (5) days from today.
d That upon being served, the Respondents and the interested parties shall be required to file their Responses to the application within seven (7) days from the date of service.
e. That the applicant is granted leave to file and serve a supplementary affidavit to reply only to new matters together with its submissions on the substantive application within seven (7) days from the date of the last service.
f. That the Respondents and the interested parties are directed to file their respective submissions within seven (7) days from the date of service by the applicant.
g. That the file will be mentioned on 3rd April 2023 for the purposes of confirming compliance and for directions on delivery of the judgment.
h. That a copy of this ruling and the order to be extracted shall be served together with the suit papers.