Case ID:165302

Republic v Capital Markets Authority; Ex Parte Munir Sheikh Ahmed [2020] eKLR

Case Metadata

Case Number:

Judicial Review Application 269 of 2018

Parties:

Republic v Capital Markets Authority; Ex Parte Munir Sheikh Ahmed

Date Delivered:

14 Oct 2020

Case Class:

Civil

Court:

High Court at Nairobi (Milimani Law Courts)

Case Action:

Ruling

Judge(s):

Pauline Nyamweya

Citation:

Republic v Capital Markets Authority; Ex Parte Munir Sheikh Ahmed [2020] eKLR

Court Division:

Judicial Review

County:

Nairobi

Case Outcome:

Notice of Motion allowed

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

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 6

th

October 2020 Hon. Mr. Justice Mativo delivered a ruling on the Respondent’s Notice of Motion application dated 2

nd

October 2020, and directed that the said application be served for

inter partes

hearing orally via video link on 2

nd

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 13

th

October 2020 supported by an affidavit, in which he states that the

ex parte

Applicant by letter dated 9

th

October 2020 has threatened to execute against the Respondent in the event that he does not receive the taxed costs by 14

th

October 2020. Therefore, that it is in the interests of justice that the application dated 2

nd

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 1

st

November 2020, I hereby direct as follows:

I. T

he Respondent’s

Notice of Motion application dated 2

nd

October 2020 is certified urgent

.

II. The Respondent shall comply with the directions given by Hon. Mr. Justice Mativo on 6

th

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 11

th

August 2020 are granted, until and pending the hearing of the

Notice of Motion application dated 2

nd

October 2020 on

10

th

November 2020 at 10.30 am

by video link by the incoming Judge.

IV. The hearing date of 2

nd

November 2020 is hereby vacated.

V. The Deputy Registrar of

the 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, 15

th

October 2020

.

VI. T

he Deputy Registrar of the Judicial Review Division shall put this matter on the Division’s causelist for virtual hearing on

10

th

November 2020 at 10.30 am,

and shall send the parties with an electronic link for the hearing by close of business on 9

th

November 2020.

VII. Parties shall be at liberty to apply.

4. Orders accordingly.

DATED AND SIGNED AT NAIROBI THIS 14

TH

DAY OF OCTOBER 2020

P. NYAMWEYA

JUDGE