Preface

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4. The appellant being pregnant on the date she was divorced on 27/4/2010,
her iddah in law was to last until she put to bed in line with the Quranic
injunction.
5. On delivery of Khajja Fatimata Kijera on 23 rd September 2010 by the
appellant, the obligation imposed on the respondent to feed, clothe and
accommodate the appellant is deemed, and in fact, extinguished provided
the respondent has not exercised his right of revoking the divorce before that
date if same is revocable. That obligation, having been extinguished as said,
the appellant has no right to insist on staying in the respondent’s house
against his wish.
6. The appellant, having been divorced by the respondent consequent upon
which she observed and completed her prescribed iddah in law by delivery,
the law has not recognized her continued stay in the respondent’s house
since the marital tie which entitles her to that right has been severed by the
respondent through divorce. The appellant’s ejectment from the house of the
respondent was therefore not wrongful since the appellant had no right in
Sharia worthy of protection.
JUDGMENT
Written and delivered by A. S. Usman
The appellant herein being dissatisfied with the decision of Cadi Court of
Brikama (hereinafter referred to as "the lower court") dated 29/12/2010 as presided
over by senior Cadi Lamin L. Ceesay appealed to this Panel upon the following
grounds: