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136<br />

1. Transfer the right of custody to the plaintiff because the defendant lost that<br />

right when she converted to Christianity. The authority is found in the book<br />

of Tuhfah at page 125<br />

“the condition of custody of children includes religion”<br />

2. Retain Fatou Dembajang in the custody of her mother because that child was<br />

born out of wedlock. This authority is found in a prophetic tradition where it<br />

is said<br />

“ lawful child is the child found in legal marriage whilst unlawful child is the<br />

child born out of wedlock”<br />

AL- MODAOWANA<br />

3. That the defendant ISATOU Silva has the right to see her children at any<br />

time possible i.e. Adama and Hawa<br />

4. That both parents must join hands together for the welfare of the children<br />

financially and spiritually.<br />

5. That both parties have the right to Appeal to the Cadi Appeal Panel within<br />

28 days of the judgment<br />

This is the final Judgment of the Brikama Cadi Court. Signed by the entire<br />

three Panelists:<br />

(i) Senior Cadi Muhammed L Ceesay<br />

(ii) Cadi Mustapha Sanneh<br />

(iii) Cadi Dodou Barry<br />

The Defendant, Isatou Silva (Michel) was dissatisfied with the decision of<br />

the Brikama Court and Appealed to this panel- Cadi Appeals Panel with the<br />

following grounds of Appeal contained in her notice of Appeal of 15 th March,<br />

2011.

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