Coming up for hearing: on 21st March 2023
Application filed: on 27th May 2022.
Articles: 39 of the Treaty for the Establishment of the East Africa Community
Rules: 52 (1) & 84(1) of the East African Court of Justice Rules of Procedure, 2019.
Subject matter: Interim and/or Temporary Injunction.
The Applicant’s grounds for the application are that the High Court of Kenya in Nairobi lacks jurisdiction to hear and determine the impugned defamation suit filed in Nairobi HCCC No. 813 of 2017.That unless the application is allowed, he is likely to suffer irreparable loss and harm.
The Applicant further states he also stands to be denied the right to be accorded fair hearing and effective access to justice in equality with the Respondent herein before this Honorable Court in respect of all the References that have been lodged in this Court if this application is not certified extremely urgent allowed as prayed for.
An Applicant Peter Odiwuor Ngoge seeks orders that this Application be certified extremely urgent and the same be heard electronically via video conference forthwith in the First Instance and on priority to any other matter in this Reference,
The Applicants also seeks an order that, pending the hearing and determination of the Reference No 24 of 2022 interim mandatory injunction be issued forthwith to restrain the Court of Appeal in Nairobi COCA No. 216 of 2017 from Taxing a Bill of costs therein and enforcing the same against the Applicant herein as ordered by the Court of Appeal on Civil Appeal No.261 of 2017 on the 13th May 2022 against the Applicant herein contrary to Rules of the Natural Justice.
Additionally, the Applicant seeks an order that pending the hearing and determination of the applicants Reference No. 24 of 2022 an interim mandatory injunction be issued forthwith to restrain the High Court of Kenya in Nairobi from proceeding with impugned defamation suit as was filed by Hon. W.M. Muiruri (Chief Magistrate) in Nairobi HCCC No. 813 of 2007 and from entering judgment against the Applicant and issuing Execution Proceedings against the Applicant therein Nairobi No. 813 of 2007.
Finally, the Applicant seeks that further or in the alternative the said proceeding in Nairobi HCC No. 813 of 2007 be stayed including but not limited to execution proceedings therein as may be issued against the Applicant herein pending the hearing and determination of Reference No. 24 of 2022 and that costs of this application be provided for.
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Contact: Registrar, East African Court of Justice, P.O. Box 1096 Arusha, Tanzania Tel: +255 27 2506093 Fax: +255 27 27 2509493 Email: eacj@eachq.org