Preface
Preface Preface
134 1. Fatou Dembajang- 4 years 2. Adama Dembajang- 2 years 3. Awa Dembajang- 2 years The plaintiff in answer to the courts question said he lives in Bonto. The compound is not his own but he has obtained a shop there. He has his compound in Bonto Village where his younger brother stays. His mother stays in Jarra Suma. The court asked the plaintiff whether he could take care of the children since he is not living in his personal house. The plaintiff answered by saying that he will take the children to his mother in Jarra and his sisters in Bonto and Serrekunda. The Court further asked the plaintiff whether he tried to convince the defendant to revert to Islam. He said he tried so many times but could not succeed. He could not send anybody to her parents because they were not happy with their daughter’s conversion to Islam. Having heard from the plaintiff, the court turned to the defendant for her response. Isatou/Silva, the defendant said she heard all what the plaintiff had said. She said she was a Christian and accepted Islam on the 23 rd of December 2005. She was then four months pregnant with Fatou. Baba Dembajang was responsible for the pregnancy. Fatou was a child born out of wedlock because she was born four months after our marriage. Our problems with Baba started when I gave my mother Fatou to look after her. I accepted Islam because of Baba- the plaintiff when I was already four months pregnant. He was so eager to marry me I therefore converted to Islam. Baba later maltreated me a lot. I asked him to renovate his house for us to transfer there but he refused. On 25 th December 2010, I decided to go back to my religion which is Christianity. The plaintiff accused me of taking my children to the Church; the truth is when I converted to Christianity and decided to go to church there was nobody in
135 my house that could take care of the children. That was why I took them to the church for that day (25 th Dec 2010). On the allegation that I made them eat pork, there was an occasion the children ate meat but I was not sure what meat they ate. My children are Muslims. On the issue of custody I will not give my children to the plaintiff because they are too small. IIZAR The lower court- Brikama Cadi Court, now turned to the plaintiff to clarify some issues where he said: He could not stay in his house because the compound is isolated and is not enough for them and his brother to stay in. The plaintiff also confirmed to this court- Brikama Cadi Court that Fatou was born out of wedlock. The lower Court asked the defendant weather she had anything to add and she said she had nothing. The court asked the defendant weather she had anything to add before the judgment and she said no. so also the plaintiff. The Brikama Cadi Court asked the defendant weather the children are still breast feeding where she answered no. The court also asked her whether there is a Muslim amongst members of her family and she said no. The brikama Cadi Court after hearing the claim of the plaintiff for the right of custody for his three children because their mother- defendant has already baptized, and the defendant has confirmed this, but at first refused to surrender the right of custody to the plaintiff because the children are small; and the defendant now finally accepted to surrender this right of custody to the plaintiff before the court; that the defendant also confessed before the court that daughter Fatou Dembajang was a child born out of wedlock. The cadi court based on this evidence decided the following:
- 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 132 and 133: 132 4. The fact that the appellant
- 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 168 and 169: 168 UIN THE HIGH COURT OF THE GAMBI
- Page 170 and 171: 170 UIN THE HIGH COURT OF THE GAMBI
- 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
135<br />
my house that could take care of the children. That was why I took them to the<br />
church for that day (25 th Dec 2010). On the allegation that I made them eat pork,<br />
there was an occasion the children ate meat but I was not sure what meat they ate.<br />
My children are Muslims. On the issue of custody I will not give my children to<br />
the plaintiff because they are too small.<br />
IIZAR<br />
The lower court- Brikama Cadi Court, now turned to the plaintiff to clarify<br />
some issues where he said: He could not stay in his house because the compound<br />
is isolated and is not enough for them and his brother to stay in. The plaintiff also<br />
confirmed to this court- Brikama Cadi Court that Fatou was born out of wedlock.<br />
The lower Court asked the defendant weather she had anything to add and she said<br />
she had nothing. The court asked the defendant weather she had anything to add<br />
before the judgment and she said no. so also the plaintiff.<br />
The Brikama Cadi Court asked the defendant weather the children are still<br />
breast feeding where she answered no. The court also asked her whether there is a<br />
Muslim amongst members of her family and she said no.<br />
The brikama Cadi Court after hearing the claim of the plaintiff for the right<br />
of custody for his three children because their mother- defendant has already<br />
baptized, and the defendant has confirmed this, but at first refused to surrender the<br />
right of custody to the plaintiff because the children are small; and the defendant<br />
now finally accepted to surrender this right of custody to the plaintiff before the<br />
court; that the defendant also confessed before the court that daughter Fatou<br />
Dembajang was a child born out of wedlock. The cadi court based on this evidence<br />
decided the following:
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