RULING OF THE COURT
By a notice of motion dated 14 August, 1998 brought under rules 5(2)(b), 41 and 42 of the Court of Appeal Rules the applicants/original defendants (hereinafter referred to as the Defendants) have moved the court for an order for stay of execution or further execution of the order of the superior court (Mbogholi Msagha J.) made on 6th August, 1998 in Civil Case No.1509 of 1998. In the alternative the defendants have sought an order that the plaintiff, Halima Abdinoor Hassan (hereinafter called the plaintiff) by herself, her agents and or servants be compelled to redeliver Aircraft Cessna 404 Serial No.0050 Registration No. 5Y - BGE subject matter of the said suit to the lawful custody and possession of the Defendants.
The said application having been certified as urgent in accordance with rule 47 of the said rules was heard by the court during the current vacation on 25th August, 1998.
By her plaint dated 8th July, 1998, the plaintiff sued the defendants stating that o…