Preface
Preface
Preface
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144<br />
reverted to Christianity, in the eyes of Islamic law she has lost her right to be<br />
identified as a Christian for she is no longer trustworthy. She is only making a<br />
mockery of the religion.<br />
Based on the above submission, especially lack of trust and the deceitful<br />
behavior of the appellant, she has become disqualified from acquiring the right of<br />
custody of Muslim children. For more elaboration, the case could have been<br />
different if she were an ordinary Christian or Jew. One cannot be seen to be<br />
changing religion like a chameleon.<br />
In view of the preponderance of evidence before this court, we have no<br />
option but to confirm the decision of the lower court- Brikama Cadi Court with one<br />
or two variations.<br />
(1) That the respondent, Baba Dembajang should refund the appellant Isatou<br />
Silva her maintenance cost for seven and a half months at a rate to be<br />
determined by the Chairman Cadi Appeals Panel through the assistance of<br />
experts.<br />
(2) That the Appellant should surrender the documents of the children especially<br />
hospital documents to the respondent.<br />
We therefore confirm the decision of the lower court with all the orders and<br />
authorities used; save for the above mentioned variations.<br />
APPEAL IS HEREBY DISALLOWED.<br />
.…………………………….<br />
(Signed): Justice Omar A Secka<br />
……………………………….<br />
(Signed): Justice Bashir Ahmad B/Kudu<br />
………………………………<br />
(Signed): Alh. Ousman Jah<br />
………………….……………<br />
(Signed): Alh. Masohna Kah