Preface

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Replying, the respondent submitted on ground 1 that the proceedings of the
lower court lasted for more than twenty minutes and that the appellant even spoke
more than he did after which the court retired to the chambers for purposes of
writing its judgment. On grounds 2 and 3 the respondent submitted that they were
before the lower court not over the custody of their children but for court’s
intervention to order the appellant to vacate his house at Bakau where he and the
appellant lived as husband and wife since the marriage between them was no more.
That there is a criminal case before the Kanifing Magistrate Court over the alleged
assault which the appellant is complaining about. On ground 4, the appellant
submitted that he wants the court to affirm the decision of the lower court. He
finally told the court that they were blessed with five children, namely:
1. Khaddy Kijera - Born in March 22 nd 1994
2. Isatu Kijera Jnr - Born in March 1998
3. Kramba Kijera - Born in March 2000
4. Umar Kijera - Born in 2 nd Sept. 2010
5. Khajjo Fatimata Kijera - 23 rd Sept. 2010
After the conclusion of the argument, the Panel adjourned the case to today being
5 th April, 2011 for judgment.
I have carefully gone through the grounds of appeal filed by the appellant as
well as the arguments canvassed on them by the parties. Before taking any step in
this appeal, it is necessary to clear one important point and which is the issue of
alleged dissolution of marriage by the lower court. The dissolution of marriage
between the appellant and the respondent was no more an issue before this Panel
since both the appellant and the respondent (as opposed to what is raised in ground
4 of the appellant’s grounds of appeal) were in agreement that the dissolution of