SULEIMAN ABDALLA EWATON V. TRUSTEES MUSLIM ASSOCIATION JAMIA MOSQUE COMMITTEE, ABDULAI JAMA, ABDI OMAR & IDRIS KAITTANY

RULING OF THE COURT

Background

1. The application before the court is brought pursuant to Rule 5(2) (b) of the Court of Appeal Rules. Suleiman Abdalla Ewaton, the applicant herein seeks an order of stay of execution and proceedings of the decision of the High court pending the filing, hearing and determination of the intended appeal. The High Court delivered Judgment on 9^th February, 2017 in favour of Trustees Muslim Association, Jamia Mosque Committee, Abdullai Jama, Abdi Omar and Idris Kaittany, the respondents herein.

2. The application is founded on the grounds set out on the face of the motion and also on the averments deponed in the applicant’s supporting affidavit.

3. A brief background of the dispute as can be gleaned from the originating summons filed on 16^th September, 2015 is that the applicant sought inter alia the following orders against the respondents:-

a) That the respondents, their agents, servants and representatives be compelled and/ or restrained by this honourable Cou…