Preface

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that she was not given the opportunity by the lower court to state her own side of
the story and that the fire brigade approach adopted by the lower court in deciding
the case, (i.e. the conduct of the case within twenty minutes), raises suspicion. On
ground 2, she submitted that the lower court neither asked her about the number of
children she had with the appellant talk less of taking that into consideration in its
judgment nor did the court take cognizance of the fact that they had a pending
matter before the Children’s Court on the issue of maintenance of their children.
She also argued that the lower court did not equally take into account the pendency
of a criminal case between her and the appellant at the Magistrate Court Kanifing.
The appellant, on ground 3 argued that the lower court failed to consider the fact
that she had been assaulted by her co-wife whilst she was 4 months old pregnant.
On the last ground i.e. ground 4, the appellant was asked to clarify on
whether it was the lower court that dissolved the marriage between her and the
appellant as the ground connotes. The appellant, as well as the respondent in his
reply, informed the Panel that the marriage between her and the respondent was
dissolved by the respondent long before they appeared before the lower court.
According to them the divorce took place on 27/4/2010 but they appeared before
the lower court on 29/12/2010. Concluding her argument on that ground, the
appellant maintained that her complaint is limited to her wrongful ejectment and
forcing her door open by the lower court. She consequently prayed the court to set
aside the judgment of the lower court on that ground and to order that she should
be taken back into possession to enable her to stay with her children who are five
in number. She also submitted that she was forced, as a result of the wrongful
ejectment, to move to her parent’s house without her children even though the
children joined her the following day from where they go to the respondent’s house
occasionally.