Preface

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I find no difficulty in resolving this little misunderstanding since ownership
of the plot in question by the 1 st respondent is not in dispute. What is however in
dispute is how the ownership devolved on her. According to the appellant it was by
a gift while 1 st respondent insisted that it was by purchase. By whatever means the
ownership devolved on her that cannot in any way affect their share by increasing
or decreasing it.
Having carefully and meticulously gone through the record of proceedings
of the lower court and submissions of the parties before us, I find it pertinent and
for easy determination of this case to formulate the following issues for
determination. This is undoubtedly necessary in view of the fact that there is no
legal representation for either parties or the judgment contain allot of issues that
may require examination and determination. The issues are:
1. Whether or not there is substantial observance and compliance with Rules of
procedure under the law and Sharia by the lower court while conducting
trial of this case.
2. Whether or not the judgment of the court has satisfied the basic
requirements of a valid judgment under the law and Sharia.
3. Whether or not the sharing formula adopted by the learned trial Cadi in
distributing the estate conforms with Islamic principles of inheritance.
On Issue No. 1, it may be of interest to note that the existing Cadi courts are
the creation of section 137(1) & (2) of the 1997 constitution of the Gambia and
they came into operation on 4th November 1997. The rules of practice and
procedure of the courts titled ''THE CADI COURTS (CIVIL PROCEDURE)
RULES, 2010'' (hereinafter called The Rules) were only recently made. What may
be added here is that 70% of the rules were codified from various Islamic law of