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  1. The order granted on 16 August 2023 is varied and replaced with the following:
    1.1. The main application under Case No. HC-MD-CIV-MOT-GEN-2023/00002, any rescission application, any condonation application and any other interlocutory application related thereto are dismissed.
    1.2. There is no order as to costs.
  2. The matter is considered finalised and removed from the roll.

Reasons:

Parker AJ:

Why are the parties in court – in this court . . .

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