[2020] KEHC 2318 (KLR)
The court found that the threat of execution by the ex parte Applicant, as evidenced by the letter dated 9th October 2020, established sufficient urgency to warrant certification of the Respondent's Notice of Motion dated 2nd October 2020 as urgent. The court further held that to preserve the subject matter and...
Source-derived case information.
- Citation
- [2020] KEHC 2318 (KLR)
- Parties
- Applicant: Republic; Respondent: Capital Markets Authority; Applicant: Munir Sheikh Ahmed
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Judicial Review Application 269 of 2018
- Procedural Posture
- Judicial Review Application / Interlocutory Ruling on Urgency and Stay Application
- Outcome
- Respondent's application certified urgent; temporary stay of execution granted; directions for virtual hearing issued.
- Judges
- P Nyamweya
- Legal Topics
- Judicial Review, Stay of Execution, Urgent Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Capital Markets Authority
Respondent
Munir Sheikh Ahmed
Applicant
Procedural Posture
Judicial Review Application / Interlocutory Ruling on Urgency and Stay Application
Legal Issues
- 1 Whether the Respondent's Notice of Motion dated 2nd October 2020 should be certified as urgent.
- 2 Whether temporary orders staying execution of the Deputy Registrar's ruling and orders of 11th August 2020 should be granted pending hearing of the application.
- 3 Whether the directions previously given by Hon. Mr. Justice Mativo should remain in force.
Ratio Decidendi
The court found that the threat of execution by the ex parte Applicant, as evidenced by the letter dated 9th October 2020, established sufficient urgency to warrant certification of the Respondent's Notice of Motion dated 2nd October 2020 as urgent. The court further held that to preserve the subject matter and ensure that any orders issued are not rendered nugatory, it was necessary to grant temporary orders staying execution of the Deputy Registrar's ruling and orders of 11th August 2020. The directions previously given by Hon. Mr. Justice Mativo on 6th October 2020 were to remain in force except as varied by this ruling. The court vacated the earlier hearing date and set a new date for...
Court Disposition
Respondent's application certified urgent; temporary stay of execution granted; directions for virtual hearing issued.
Orders
- The Respondent’s Notice of Motion application dated 2nd October 2020 is certified urgent.
- Temporary orders staying the execution of the ruling and orders of the Deputy Registrar on 11th August 2020 are granted until the hearing of the Notice of Motion application.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
JUDICIAL REVIEW APPLICATION NO. 269 OF 2018
BETWEEN
REPUBLIC................................................. APPLICANT
VERSUS
CAPITAL MARKETS AUTHORITY...RESPONDENT
EX PARTE APPLICANT: MUNIR SHEIKH AHMED
RULING NO 2.
1. On 6th October 2020 Hon. Mr. Justice Mativo delivered a ruling on the Respondent’s Notice of Motion application dated 2nd October 2020, and directed that the said application be served for inter partes hearing orally via video link on 2nd November 2020 at 10:30am. The ex parte Applicant/ Respondent herein was also required to file his reply to the application within 15 days from the date of being served.
2. The Respondent’s Advocate has now filed another certificate of urgency dated 13th October 2020 supported by an affidavit, in which he states that the ex parte Applicant by letter dated 9th October 2020 has threatened to execute against the Respondent in the event that he does not receive the taxed costs by 14th October 2020. Therefore, that it is in the interests of justice that the application dated 2nd October 2020 is certified urgent and placed before the Court at the earliest possible opportunity, so that the subject matter of the suit is preserved and any orders eventually given by this Court are not rendered nugatory. The Respondent annexed a copy of the said letter.
3. As Hon. Mr. Justice Mativo is on transfer from this Division with effect from 1st November 2020, I hereby direct as follows:
I. The Respondent’sNotice of Motion application dated 2nd October 2020 is certified urgent.
II. The Respondent shall comply with the directions given by Hon. Mr. Justice Mativo on 6th October 2020 that have not been varied in this ruling.
III. Temporary orders staying the execution of the ruling and orders of the Deputy Registrar on 11th August 2020 are granted, until and pending the hearing of theNotice of Motion application dated 2nd October 2020 on 10th November 2020 at 10. 30 am by video link by the incoming Judge.
IV. The hearing date of 2nd November 2020 is hereby vacated.
V. The Deputy Registrar ofthe Judicial Review Division shall send a copy of these directions to the ex parte Applicant and Respondent by electronic mail by close of business on Thursday, 15th October 2020.
VI. The Deputy Registrar of the Judicial Review Division shall put this matter on the Division’s causelist for virtual hearing on10th November 2020 at 10. 30 am,and shall send the parties with an electronic link for the hearing by close of business on 9th November 2020.
VII. Parties shall be at liberty to apply.
4. Orders accordingly.
DATED AND SIGNED AT NAIROBI THIS 14TH DAY OF OCTOBER 2020
P. NYAMWEYA
JUDGE