Preface

126
This obligation is however deemed extinguished when the iddah period is
over. In the instant appeal, the divorce took place on 27/4/2010 when the last baby
of the marriage Khajja Fatimata Kijera was conceived by the appellant.
Appellant’s statement at page 2 of the record of the lower court line 9 “yes indeed
he was my husband and then divorced me when I was pregnant” is quite explicit
on this. The appellant being pregnant on the date she was divorced, her iddah in
law was to last until she put to bed in line with the Quranic injunction which states:
Meaning “for those who are pregnant, their period is until they deliver their
burdens”. On delivery of Khajja Fatimata Kijera on 23 rd September 2010, this
obligation 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.
There is no evidence either from the record of proceedings of the lower court or
from the submissions of the parties before this Panel to the effect that the divorce
was revoked during the idaah. That obligation, having been extinguished as said,
the appellant has no right to insist on staying in the respondent’s house against his
wish. This is without prejudice to the appellant’s right to institute a separate action
before any Cadi Court in the Gambia for the maintenance of her five children with
the respondent. This issue is therefore resolved in favour of the respondent and the
ground upon which it is based hereby fails.
This brings us to the last issue i.e. whether the ejectment of the appellant by
the lower court was wrong as per her argument. Issue 2 above has partially dealt