RULING OF THE COURT
The genesis of this matter is an ex-parte application for leave in the superior court seeking orders of certiorari against several respondents. The superior court (Kasango, J) on 13th August, 2008 granted an order for leave to file a judicial review application seeking orders of certiorari but declined to order that the order for leave operates as stay of the challenged decision. The applicants did not as per Order 53 immediately file the application seeking substantive orders of certiorari in terms of the order granting leave. Instead on 27th August 2008 they filed an application for review of the order granting leave which application was expressed to be brought under Order 44 rule 1 and 2 and Order 53 rules 1 and 2 of the Civil Procedure Rules. Stated briefly, the applicants sought to review the said order denying stay on the ground that since the date of the order, a new and important matter had emerged, namely that by a letter dated 21st August 2008 an entity k…