RULING OF THE COURT
The point we have been asked to determine was framed on 9th December 2013 by the Court, differently constituted, as follows:-
“Whether the Notice of Motion dated 14th November, 2013 should be heard ex parte before a single judge.”
The motion of 14th November 2013 seeks that leave be granted to the applicant to commence contempt of court proceedings against some 9 named individuals including four advocates on allegations that they are in breach of orders issued by this Court on 25th April 2008. It is apparent to us from the notice of withdrawal of application filed in this record, that there was an earlier application, Civil Appeal (Application) No. 16 of 2007 involving the same parties and seeking the same prayers which was apparently withdrawn before the present one was brought.
Even though the application under consideration is headed “EX PARTE” learned counsel for the applicant, Mr. Musyimi, informed us that he was persuaded by the registry staff that such applicati…