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117<br />

UIN THE HIGH COURT OF THE GAMBIA<br />

UIN THE CADI APPEALS PANE<br />

UHOLDEN AT BANJUL<br />

APPEAL NO. AP/ 6/2011<br />

BETWEEN:<br />

KHADDY SAMURAH……………………………….…………….APPELLANT<br />

AND:<br />

KAWSU KIJERA…………….……....………….……….……....RESPONDENT<br />

{Before: Justice Umar A. Secka Chairman, Justice A. S. Usman, Alh. Ousman Jah<br />

Panelist and Alh. Masohna Kah Panelist at Banjul on Tuesday, April 5, 2011}<br />

UPRINCIPLES:<br />

1. Cadi Courts in the Gambia, under their inherent jurisdiction, can entertain<br />

a case for ejectment of a divorced woman who from the residence of her<br />

erstwhile husband on the ground of being a follow-up to divorce over which<br />

they have jurisdiction.<br />

2. Whatever is necessary and indispensable for the fulfillment of an obligation,<br />

that thing is equally necessary and indispensable”.<br />

3. A divorced woman whose marriage has been consummated is entitled to<br />

UaccommodationU from her husband until she finishes her iddah. In the case of<br />

a pregnant woman, she is additionally entitled to Ufeeding and clothingU on<br />

divorce until she delivers.

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