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Salim Awadh Said,Abdalla Qatwan & Mohamed Khamis Ali v. Mohamed Ibrahim Khalil

(2014) JELR 93944 (CA)

Court of Appeal  •  Civil Appeal 266 of 2011  •  3 Apr 2014  •  Kenya

Erastus Mwaniki Githinji, Milton Stephen Asike Makhandia, Fatuma sichale



The appellants are aggrieved by the judgment and decree of the High Court which reversed the judgment and decree of the Resident Magistrate (Adika) Mombasa.

The 1st appellant, 2nd appellant and 3rd appellants are Chairman,Secretary and Treasurer of Falah Muslim School Society (Society) respectively. In the plaint filed in the Resident Magistrate's court, they averred, inter alia, that the society is the owner through its trustees of Falah Muslim School which comprises of Madrassa School offering Islamic religious education; that the respondent was an employee of the society as principal of the school for a period of close to 40 years on secondment and/or sponsorship from African Muslim Society; that the respondent was provided with a house within the school compound; that on 9th June 2001, the society wrote to African Muslim Society informing the respondent's sponsor that his services were not required at the school; that the respondent refused to resign and remain…

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