{"issue_text":"Whether the court is functus officio and cannot hear the matter as it had already made a final determination that the matter is not urgent","issue_type":"procedural","dispositive":"no","related_facts":"The endorsement that the matter is not urgent was made without hearing oral arguments"}
{"issue_text":"Whether the deponent to the applicant's founding affidavit has locus standi to depose to the affidavit","issue_type":"procedural","dispositive":"no","related_facts":"The deponent was not appointed as Diocesan Registrar by the Bishop"}
{"issue_text":"Whether the matter is res judicata because it is predicated on an issue already determined by the Supreme Court","issue_type":"procedural","dispositive":"no","related_facts":"The Supreme Court dismissed the applicant's appeal"}
{"issue_text":"Whether the matter is urgent given the delay since July 2009","issue_type":"procedural","dispositive":"no","related_facts":"The applicant was put on notice from July 2009 about security for costs"}
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background
Facts of the Case
Background
The Church of the Province of Central Africa filed an urgent chamber application seeking to suspend the operation of orders granted in previous cases (HC 4327/08 and HC 2792/09) pending determination of their Supreme Court application for reinstatement of their appeal. The respondent raised several preliminary points including that the court was functus officio, lack of locus standi, res judicata, and lack of urgency.
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