Preface

More documents

Recommendations

Info

132 4. The fact that the appellant at page 3 (printed copy) of the Brikama Cadi Court proceedings admitted that she was married to Baba Dembajang; the respondent in this case, is a clear testimony of existence of marriage between them. 5. The lower court was right in giving the custody of the child born out of wedlock (i.e. Fatou) to the appellant while HAWA AND ADAMA born in wedlock to the respondent in compliance with a prophetic Hadith which says “... Lawful child is the child found in a legal marriage...” 6. On perusal of the record of proceedings of the lower court one will see that the submission of the appellant took about three (printed) pages. This is a clear testimony that the appellant was given a fair hearing by the lower court. 7. It is a trite law under the rules of custody in Islamic law that after the death of a husband or separation of spouses by divorce, the custody goes to their mother. This is irrespective of the religion of the mother. The same rule applies to a Muslim and non-Muslim mother i.e. Christians and Jews. 8. The fact that the appellant was originally a Christian but subsequently converted to Islam and later reverted to Christianity, made the appellant in the eyes of Islamic law to lose her right to be identified as a Christian for she is no longer trustworthy. She is only making a mockery of the religion. It will be difficult in this circumstance to know whether the appellant is a Christian or not. 9. Based on the above submission, especially lack of trust and the deceitful behavior of the appellant, she has become disqualified from acquiring the right of custody of Muslim children. For more elaboration, the case could
133 have been different if she were an ordinary Christian or Jew. One cannot be seen to be changing religion like a chameleon. JUDGMENT Written and Delivered by Justice Bashir Ahmad B/Kudu This is an Appeal against the decision of Brikama Cadi Court sitting in Brikama presided over by Senior 1.Cadi Muhammed L. Ceesay 2. Cadi Dodou Barry and 3. Cadi Mustapha Sanneh The plaintiff Baba Dembajang of Bonto Village sued Isatou Silva claiming that she was his wife. He married her after he made her convert to Islam. Baba Dembajang said that they got three children. The eldest is a female- Fatou Dembajang. Fatou was transferred to her mother’s family. The plaintiff said he did his best for the defendant to return her but to no avail. He told his wife that he was ashamed to leave his daughter in his In-laws house where upon the defendant said he insulted her. She got angry and went out of the plaintiff’s house with the two children. The plaintiff said he personally followed up for her return but she refused. He received a letter of invitation from the ministry of social welfare. The ministry directed that the children must be in the custody of their mother because I have no wife to take care of the children. The children therefore remained with their mother but when the defendant returned to her family she turned her back against Islam. She baptized. My children were eating pork and attending the church and she no longer came to me as a husband. I pray the court to give me the custody of my children. The children are:
Page 2 and 3:
2 PREFACE In the name of God, the M
Page 4 and 5:
4 CONTENTS S/No. Contents Pages 1.
Page 6 and 7:
6 7. Yorro Fatty Vs Lama Bah AP/17/
Page 8 and 9:
8 orders. Sheikh Hydara Vs Yandeh N
Page 10 and 11:
10 18. PRACTICE & PROCEDURE: Burden
Page 12 and 13:
12 10. Almustasfa Min Ilmil Usul By
Page 14 and 15:
14 4. Mafolatu Vs Usain Akanbi Ita
Page 16 and 17:
16 UIN THE HIGH COURT OF THE GAMBIA
Page 18 and 19:
Page 20 and 21:
20 according to the principles of S
Page 22 and 23:
22 4. The residue of an estate alwa
Page 24 and 25:
24 and she was very small so she wa
Page 26 and 27:
26 Secondly, we accepted the decisi
Page 28 and 29:
28 Musa Sabily shall have D112962.5
Page 30 and 31:
30 5. Evidence is invalidated if sh
Page 32 and 33:
32 disputing the right of these peo
Page 34 and 35:
34 estate among his heirs, this pro
Page 36 and 37:
36 This Panel has gone through the
Page 38 and 39:
38 Shares: Share: 1. 10 7 27 D175,0
Page 40 and 41:
40 …………………………
Page 42 and 43:
42 at Street 45 Stanley Banjul belo
Page 44 and 45:
44 “I was called there in the cou
Page 46 and 47:
46 About the submission by the appe
Page 48 and 49:
Page 50 and 51:
50 house of one Kebba Kebbeh at San
Page 52 and 53:
52 a while and satisfy itself on wh
Page 54 and 55:
54 From the totality of the foregoi
Page 56 and 57:
56 for joinder as an interested par
Page 58 and 59:
58 the rate of D8,250.00 and D25.00
Page 60 and 61:
Page 62 and 63:
62 The claimant’s oath in (c) and
Page 64 and 65:
64 Islam to exclude her from the va
Page 66 and 67:
66 of the subject matter of the cla
Page 68 and 69:
68 The above issues were not proved
Page 70 and 71:
70 how well conducted. The non-comp
Page 72 and 73:
Page 74 and 75:
74 2. That the change of name was w
Page 76 and 77:
76 she confirmed what the appellant
Page 78 and 79:
78 On this note, we hereby declared
Page 80 and 81:
80 JUDGMENT Written & delivered by
Page 82 and 83: 82 2- That the exclusion of Assan S
Page 84 and 85: 84 4- That if the appeals Court wil
Page 86 and 87: 86 Mr. Ousman Sarr (paternal brothe
Page 88 and 89: 88 Rules 2010 which states that: Su
Page 90 and 91: 90 stripes, and reject their testim
Page 92 and 93: 92 allegation as stated in the Hadi
Page 94 and 95: 94 guided by their provisions with
Page 96 and 97: 96 properties one in Allen street o
Page 98 and 99: 98 the appellant. As such the appli
Page 100 and 101: 100 I find no difficulty in resolvi
Page 102 and 103: 102 same way other cases are commen
Page 104 and 105: 104 '' Under Islamic Law, the subje
Page 106 and 107: 106 R. 77 (4) Any distribution of a
Page 108 and 109: 108 single witness was called in th
Page 110 and 111: 110 before judgment is entered agai
Page 112 and 113: 112 A judge shall on no account rel
Page 114 and 115: 114 these primary sources of Islami
Page 116 and 117: 116 same lower court (Principal Cad
Page 118 and 119: 118 4. The appellant being pregnant
Page 120 and 121: 120 that she was not given the oppo
Page 122 and 123: 122 their marriage was done by the
Page 124 and 125: 124 (c) That when the appellant was
Page 126 and 127: 126 This obligation is however deem
Page 128 and 129: 128 UIN THE HIGH COURT OF THE GAMBI
Page 130 and 131: 130 shall be filed within thirty da
Page 134 and 135: 134 1. Fatou Dembajang- 4 years 2.
Page 136 and 137: 136 1. Transfer the right of custod
Page 138 and 139: 138 subsisting marriage between me
Page 140 and 141: 140 At this juncture we requested t
Page 142 and 143: 142 cover and having observed what
Page 144 and 145: 144 reverted to Christianity, in th
Page 146 and 147: 146 Pursuant to section 137A (6) of
Page 148 and 149: 148 3. The applicants violated the
Page 150 and 151: 150 ……….……..…..……
Page 152 and 153: 152 clearly defined and limited the
Page 154 and 155: 154 But at the same time if the sai
Page 156 and 157: 156 Islamic Law. His interest in th
Page 158 and 159: 158 contradict the provision of Sha
Page 160 and 161: 160 ISSUE NO. 1 (Whether or not the
Page 162 and 163: 162 before Banjul Cadi Court in the
Page 164 and 165: 164 ''Two conditions are essential
Page 166 and 167: 166 the court particularly the dist
Page 172 and 173: 172 This is an appeal against the j
Page 174 and 175: 174 For the second witness Mr. Lami
Page 176 and 177: 176 built up together there is a th
Page 178 and 179: 178 1. Whether it took place on 22
Page 180 and 181: 180 Meaning: reconciliation is perm
Page 182 and 183:
182 3. Those who have no course yet
Page 184:
184 ……….……..…..……
show all

Preface

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?