SALIM AWADH SAID,ABDALLA QATWAN & MOHAMED KHAMIS ALI V. MOHAMED IBRAHIM KHALIL
(2014) JELR 93944 (CA)
Court of Appeal
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Civil Appeal 266 of 2011
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3 Apr 2014
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Kenya
Coram
Erastus Mwaniki Githinji, Milton Stephen Asike Makhandia, Fatuma sichale
Judgement
<p class="ql-align-center"><strong><u>JUDGMENT OF THE COURT</u></strong></p><p class="ql-align-justify">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.</p><p class="ql-align-justify">The 1<sup>st</sup> appellant, 2<sup>nd</sup> appellant and 3<sup>rd</sup> 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, <em>inter alia</em>, 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 9<sup>th</sup> 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 remai…</p>