Preface

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10 18. PRACTICE & PROCEDURE: Burden of proof on whom lies – Distribution of Estate of the deceased, conditions for validity – Duty of court to ensure equal treatment of litigants – Share of a widow vis-a-vis that of the children how determined. Musa Sabily Vs Hassana Baye (2011) 1 GSLR P. 6 19. PRACTICE & PROCEDURE: Appeal to be filed within 30 days from date of decision – When Appeal is out of time, proper steps to take – The effect of Order III Rule 13 of the Cadi Appeals Panel Rules 2009 is that no appeal without enlargement of time – Non laying of hand by counsel on record of proceedings whether an excuse for court to assume jurisdiction over an appeal that is out of time. Baba Lowe & Ors Vs Redwan Lowe & Ors (2011) 1 GSLR P. 138 20. PRACTICE & PROCEDURE: A claim must stisfy two basic conditions before it can qualify as an issue for adjudication – Order 7 Rule 77 (2) of the Cadi Courts (Civil Procedure) Rules 2010 imposes two additional conditions where the claim involves distribution of estate. Edy Tourey Vs Alhaji Malick Gaye & 5 Ors (2011) 1 GSLR P. 136 21. PRACTICE & PROCEDURE: Absence of counsel in court to move his application, proper steps to take in the circumstance. Dodou Tourey & 1 Other Vs Badou Senghore & 1 Other (2011) 1 GSLR P. 153 22. PRACTICE & PROCEDURE: Failure of Cadi Court to afford the parties an opportunity to reconcile whether a ground for overturning its decision on appeal – Where a man tells his wife “I prefer to go to hell than to retain this woman in marriage” whether that is tantamount to divorce in Islamic Law – Long time marriage between husband and wife whether in law a bar for divorce – After completion of Iddah whether a divorced
11 woman has legal right to continue to stay in the matrimonial home. Kala Kaita & 7 Others Vs Mustapha Dampha (2011) 1 GSLR P. 155 INDEX OF ISLAMIC BOOKS REFERRED TO S/NO ISLAMIC BOOK PAGE 1. Alwajiz Fi Idhahil Fiqhil Qulliya by Dr. Muhammad Siddiqi 2, 19 2. Almugni by Ibn Qudama 11 3. Risala by Abi Zaid Alqayrawani 19 4. Fawakihud Dawani by Sheikh Ahmad Bun Gunaym 21, 22, 24, 5. Assamar Addani 24 6. Mukhtasar Khalil 24 31, 131, 7. Fiqhul Mawarith by Muhammad Jabr Al-Alfi & Muhammad 24 Abdul Mun’im 8. Al’ahkam by Al-Amidi 24 9. Almahsul 24
Page 2 and 3: 2 PREFACE In the name of God, the M
Page 4 and 5: 4 CONTENTS S/No. Contents Pages 1.
Page 6 and 7: 6 7. Yorro Fatty Vs Lama Bah AP/17/
Page 8 and 9: 8 orders. Sheikh Hydara Vs Yandeh N
Page 12 and 13: 12 10. Almustasfa Min Ilmil Usul By
Page 14 and 15: 14 4. Mafolatu Vs Usain Akanbi Ita
Page 16 and 17: 16 UIN THE HIGH COURT OF THE GAMBIA
Page 20 and 21: 20 according to the principles of S
Page 22 and 23: 22 4. The residue of an estate alwa
Page 24 and 25: 24 and she was very small so she wa
Page 26 and 27: 26 Secondly, we accepted the decisi
Page 28 and 29: 28 Musa Sabily shall have D112962.5
Page 30 and 31: 30 5. Evidence is invalidated if sh
Page 32 and 33: 32 disputing the right of these peo
Page 34 and 35: 34 estate among his heirs, this pro
Page 36 and 37: 36 This Panel has gone through the
Page 38 and 39: 38 Shares: Share: 1. 10 7 27 D175,0
Page 40 and 41: 40 …………………………
Page 42 and 43: 42 at Street 45 Stanley Banjul belo
Page 44 and 45: 44 “I was called there in the cou
Page 46 and 47: 46 About the submission by the appe
Page 50 and 51: 50 house of one Kebba Kebbeh at San
Page 52 and 53: 52 a while and satisfy itself on wh
Page 54 and 55: 54 From the totality of the foregoi
Page 56 and 57: 56 for joinder as an interested par
Page 58 and 59: 58 the rate of D8,250.00 and D25.00
Page 60 and 61:
60 UIN THE HIGH COURT OF THE GAMBIA
Page 62 and 63:
62 The claimant’s oath in (c) and
Page 64 and 65:
64 Islam to exclude her from the va
Page 66 and 67:
66 of the subject matter of the cla
Page 68 and 69:
68 The above issues were not proved
Page 70 and 71:
70 how well conducted. The non-comp
Page 72 and 73:
72 UIN THE HIGH COURT OF THE GAMBIA
Page 74 and 75:
74 2. That the change of name was w
Page 76 and 77:
76 she confirmed what the appellant
Page 78 and 79:
78 On this note, we hereby declared
Page 80 and 81:
80 JUDGMENT Written & delivered by
Page 82 and 83:
82 2- That the exclusion of Assan S
Page 84 and 85:
84 4- That if the appeals Court wil
Page 86 and 87:
86 Mr. Ousman Sarr (paternal brothe
Page 88 and 89:
88 Rules 2010 which states that: Su
Page 90 and 91:
90 stripes, and reject their testim
Page 92 and 93:
92 allegation as stated in the Hadi
Page 94 and 95:
94 guided by their provisions with
Page 96 and 97:
96 properties one in Allen street o
Page 98 and 99:
98 the appellant. As such the appli
Page 100 and 101:
100 I find no difficulty in resolvi
Page 102 and 103:
102 same way other cases are commen
Page 104 and 105:
104 '' Under Islamic Law, the subje
Page 106 and 107:
106 R. 77 (4) Any distribution of a
Page 108 and 109:
108 single witness was called in th
Page 110 and 111:
110 before judgment is entered agai
Page 112 and 113:
112 A judge shall on no account rel
Page 114 and 115:
114 these primary sources of Islami
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116 same lower court (Principal Cad
Page 118 and 119:
118 4. The appellant being pregnant
Page 120 and 121:
120 that she was not given the oppo
Page 122 and 123:
122 their marriage was done by the
Page 124 and 125:
124 (c) That when the appellant was
Page 126 and 127:
126 This obligation is however deem
Page 128 and 129:
128 UIN THE HIGH COURT OF THE GAMBI
Page 130 and 131:
130 shall be filed within thirty da
Page 132 and 133:
132 4. The fact that the appellant
Page 134 and 135:
134 1. Fatou Dembajang- 4 years 2.
Page 136 and 137:
136 1. Transfer the right of custod
Page 138 and 139:
138 subsisting marriage between me
Page 140 and 141:
140 At this juncture we requested t
Page 142 and 143:
142 cover and having observed what
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144 reverted to Christianity, in th
Page 146 and 147:
146 Pursuant to section 137A (6) of
Page 148 and 149:
148 3. The applicants violated the
Page 150 and 151:
150 ……….……..…..……
Page 152 and 153:
152 clearly defined and limited the
Page 154 and 155:
154 But at the same time if the sai
Page 156 and 157:
156 Islamic Law. His interest in th
Page 158 and 159:
158 contradict the provision of Sha
Page 160 and 161:
160 ISSUE NO. 1 (Whether or not the
Page 162 and 163:
162 before Banjul Cadi Court in the
Page 164 and 165:
164 ''Two conditions are essential
Page 166 and 167:
166 the court particularly the dist
Page 168 and 169:
Page 170 and 171:
Page 172 and 173:
172 This is an appeal against the j
Page 174 and 175:
174 For the second witness Mr. Lami
Page 176 and 177:
176 built up together there is a th
Page 178 and 179:
178 1. Whether it took place on 22
Page 180 and 181:
180 Meaning: reconciliation is perm
Page 182 and 183:
182 3. Those who have no course yet
Page 184:
184 ……….……..…..……
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