Board of Governors Toswo S.S V Mangusho (HCT-04-CV-MA NO. 169 OF 2013)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
Held that a certificate of urgency should be granted where a pending eviction threatens a school with students and an appeal needs determination to resolve the dispute. The need to preserve the status quo pending appeal constitutes a matter of urgent nature under the rules.
Outcome
Certificate of Urgency granted to enable hearing of miscellaneous application during vacation and to preserve status quo pending appeal
Facts
The applicant school faced a pending eviction. There was a civil appeal (No. 71 of 2013) awaiting determination. The applicant sought a certificate of urgency to hear Miscellaneous Cause No. 168/2013 during court vacation to preserve the status quo. Both counsel agreed that students occupied the disputed premises and required protection. The respondent's counsel indicated there was no immediate threat of eviction but agreed the appeal should be determined. The respondent had granted the applicant a grace period.
Issues
- Whether there is sufficient ground to conclude that the matter is of an urgent nature warranting a certificate of urgency
Orders
- Certificate of Urgency granted.
- Parties to work with the court Registrar to have the main appeal fixed urgently.
Rules and key headnotes
Legislation cited (1)
- SI 187/94
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.