Preface

139
she has any interest for reconciliation and she answered positively i.e. she is
interested.
Having completed her explanation on the grounds of Appeal the panel
turned to the respondent Baba for response.
On ground (i) - the respondent said children were born within wedlock. They
were born legally. We started as boyfriend and girlfriend. I requested her to
become a Muslim and she agreed. Michel adopted a father Idriss Jammeh who tied
the marriage between us. There were witnesses of the marriage contract like (1)
Karamo Fofana. “I went buy kola nuts from Brikama and I took long. Her adopted
father had kolanuts which was used to tie the marriage. It was in 2006.”
We asked the respondent weather he knew the requirement of a marriage
contract in Islamic Law and he said no. He also didn’t know in the Gambian
custom. He said he paid a dowry of D325 which was given to the adopted father
who further gave Silva.
On ground 2 the respondent said Silva herself told the cadi the date of the
marriage.
On ground 3 the respondent said the appellant was given more opportunity
to explain herself than me.
On ground 4 the respondent said in Brikama Court the appellant Silva
accepted that I become the custodian of the children. If the orders were wrong she
could not have accepted.
On ground 5 the respondent said it is time the court did not consider the
maintenance cost for seven and a half months. This happened because the social
welfare ministry directed that whenever I wanted to see my children, I should be
allowed. I started going but the appellant violated the social welfare directive and it
was Silva who took the matter to social welfare.