RULING OF THE COURT
The applicants, Ali Abdalla Duhmy, Shee Athman Omar, Nassir Salim Khamis and Mohamed Hemed Athman moved this Court through an application dated 4th August, 2015 seeking to injunct the respondents, Mohamed Abdisheikh, Swahel Aboud Abdalla, Ali Omar Said, Abdalla Swaleh Omar, Abdalla M. Abdisheikh and Idris Maamun Ali from taking over office at Nur Muslim School Society (hereinafter “the school”) pending the hearing and determination of an intended appeal.
The facts leading up to this application are that following a disputed election in 2012; the respondents were declared as duly elected office bearers to the school and consequently sought to assume office. Challenging this outcome, the applicants filed suit against the respondents, being Malindi High Court Civil Suit No 144 of 2012 in which they not only sought to be declared the lawful office bearers of the school, but also for injunctive orders against the respondents as aforesaid. During the pendency of the said s…