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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

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