The Chamber Summons dated 24/08/2026 seeking certification and setting down for recess hearing of the Notice of Motion Application dated 24/08/2026 has not disclosed sufficiently compelling grounds for the hearing of the Notice of Motion during the recess.
The minors in question are aged 4 years and 1 year respectively. The impugned decision of the lower court was delivered on 19/08/2026, less than a week ago. The Chamber Summons Applicant has not shown how an expedited but normal track for the Notice of Motion Application would cause irreparable and irreversible negative consequences to the best interests of the children in question in the two weeks or so that remain in the recess period.
This Court will issue separate directions on the expedited hearing of the Notice of Motion Application, in line with the constitutional and statutory imperatives for expedited hearing and determination of matters directly affecting children. However, that hearing date will fall outside the recess period, for the foregoing reasons.
Chamber Summons dated 24/08/2026 is dismissed with no costs accruing.
DATED, SIGNED AND DELIVERED VIRTUALLY ON THIS 25TH DAY OF AUGUST 2026.
The minors in question are aged 4 years and 1 year respectively. The impugned decision of the lower court was delivered on 19/08/2026, less than a week ago. The Chamber Summons Applicant has not shown how an expedited but normal track for the Notice of Motion Application would cause irreparable and irreversible negative consequences to the best interests of the children in question in the two weeks or so that remain in the recess period.
This Court will issue separate directions on the expedited hearing of the Notice of Motion Application, in line with the constitutional and statutory imperatives for expedited hearing and determination of matters directly affecting children. However, that hearing date will fall outside the recess period, for the foregoing reasons.
Chamber Summons dated 24/08/2026 is dismissed with no costs accruing.
DATED, SIGNED AND DELIVERED VIRTUALLY ON THIS 25TH DAY OF AUGUST 2026.