Preface

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110 before judgment is entered against him or that whether or he had more witnesses to call. If Al-Izar was not done or done after the decision the whole proceedings becomes a nullity” Despite the devastating consequences which result in rendering the whole proceeding of a court void the lower court did not apply it in the instant case. STEP 6 The next and last step is judgment of the court. Although there is no unanimous and one single style of writing judgment yet it is generally believed that there are some salient points that are expected to be reflected in every judgment. They include: 1. The historical background or origin of the matter the parties, the claim and cause of action and the counter claim if any. 2. Analysis a d valuation of the evidence adduced. 3. The submissions of plaintiff or his counsel and submissions of the defendant or his counsel. Logical or scientific of both submissions. 4. The result of the analysis and conclusion of the court substantiated with authorities. 5. The decision or order of the court. 6. Right of appeal. Finally, the judgment of the lower court is devoid of many of the above points. For this reason and many more explained above as part of treating this issue I have no option than to resolve the issue in favour of non substantial compliance of the lower court’s proceedings with the rules of procedure.
111 Issue no.2 on whether or not the judgment of the court has satisfied the basic requirements of a valid judgment under the law and Sharia. First and fourth grounds of appeal attacked the judgment of the lower court as being wrong both in law and Sharia but no proper particulars of error or wrong was given by the appellant yet it is the duty of this court to examine the whole proceedings of the lower court including the judgment with a view to determining their compliance or otherwise with both substantive and adjectival laws. What a judgment shall contain was spelt out by rules of practice and procedure of the lower court. Order X1V rule 79 of the Cadi Courts Civil Procedure Rules has made it a mandatory requirement for a valid judgment to contain the principles of law and evidences proffered before the court to form the basis upon which the judgment must be grounded. The order reads thus: Ord. R. 79. The judgment of the court shall contain principles and evidences on which such decisions are grounded. Judgment is a court's final determination of the rights and obligation of the parties in a case, it includes an equitable decree and any order from which an appeal lies. Under Islamic law it necessarily affirms or denies that such a duty or such liability rests upon the person against whom the aid of the law is invoked. As earlier stated the ingredients which are indispensable for a valid judgment under Sharia and which the absence of any one of them renders the judgment invalid are six in number, namely: ''The judge, the plaintiff, the defendant, the subject matter in dispute and the applicable law leading to the judgment ( Qur'an or Sunnah or the Consensus) and lastly the procedure which such judgment has attained''
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2 PREFACE In the name of God, the M
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4 CONTENTS S/No. Contents Pages 1.
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6 7. Yorro Fatty Vs Lama Bah AP/17/
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8 orders. Sheikh Hydara Vs Yandeh N
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10 18. PRACTICE & PROCEDURE: Burden
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12 10. Almustasfa Min Ilmil Usul By
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14 4. Mafolatu Vs Usain Akanbi Ita
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16 UIN THE HIGH COURT OF THE GAMBIA
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20 according to the principles of S
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22 4. The residue of an estate alwa
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24 and she was very small so she wa
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26 Secondly, we accepted the decisi
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28 Musa Sabily shall have D112962.5
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30 5. Evidence is invalidated if sh
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32 disputing the right of these peo
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34 estate among his heirs, this pro
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36 This Panel has gone through the
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38 Shares: Share: 1. 10 7 27 D175,0
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40 …………………………
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42 at Street 45 Stanley Banjul belo
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44 “I was called there in the cou
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46 About the submission by the appe
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50 house of one Kebba Kebbeh at San
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52 a while and satisfy itself on wh
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54 From the totality of the foregoi
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56 for joinder as an interested par
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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 112 and 113: 112 A judge shall on no account rel
Page 114 and 115: 114 these primary sources of Islami
Page 116 and 117: 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
Page 144 and 145: 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
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160 ISSUE NO. 1 (Whether or not the
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162 before Banjul Cadi Court in the
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164 ''Two conditions are essential
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166 the court particularly the dist
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168 UIN THE HIGH COURT OF THE GAMBI
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170 UIN THE HIGH COURT OF THE GAMBI
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172 This is an appeal against the j
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174 For the second witness Mr. Lami
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176 built up together there is a th
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178 1. Whether it took place on 22
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180 Meaning: reconciliation is perm
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182 3. Those who have no course yet
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184 ……….……..…..……
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