SHABBIR ALI JUSAB V. ANNAR OSMAN GAMRAI & ATTORNEY GENERAL

RULING OF THE COURT

This is an application by SAJ under Rules 47 and 80 of the Court of Appeal Rules (Rules) for orders that; the notice of appeal filed on 18^th March, 2009 by AOG the first respondent herein be struck out and that the interim orders issued in Civil Application No. Nai. 75 of 2009 be vacated.

The applicant is a British citizen while his wife who is the first respondent, is a Kenyan citizen. Both are Muslims and were living in United Kingdom (UK) until 30^th November, 2007 when the first respondent left UK with ZJ – their child of marriage who is a British citizen without the knowledge of the applicant. Thereafter, the applicant filed proceedings in the High Court of Justice, England and on 15^th January, 2009, the English Court ordered, inter alia, that the child be a ward of the Court during his minority and that the mother – the first respondent should cause the return of the child forthwith to England. The 1^st respondent did not comply with the order. The applicant ther…