Preface

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144 reverted to Christianity, in the eyes of Islamic law she has lost her right to be identified as a Christian for she is no longer trustworthy. She is only making a mockery of the religion. Based on the above submission, especially lack of trust and the deceitful behavior of the appellant, she has become disqualified from acquiring the right of custody of Muslim children. For more elaboration, the case could have been different if she were an ordinary Christian or Jew. One cannot be seen to be changing religion like a chameleon. In view of the preponderance of evidence before this court, we have no option but to confirm the decision of the lower court- Brikama Cadi Court with one or two variations. (1) That the respondent, Baba Dembajang should refund the appellant Isatou Silva her maintenance cost for seven and a half months at a rate to be determined by the Chairman Cadi Appeals Panel through the assistance of experts. (2) That the Appellant should surrender the documents of the children especially hospital documents to the respondent. We therefore confirm the decision of the lower court with all the orders and authorities used; save for the above mentioned variations. APPEAL IS HEREBY DISALLOWED. .……………………………. (Signed): Justice Omar A Secka ………………………………. (Signed): Justice Bashir Ahmad B/Kudu ……………………………… (Signed): Alh. Ousman Jah ………………….…………… (Signed): Alh. Masohna Kah
145 UIN THE HIGH COURT OF THE GAMBIA UIN THE CADI APPEALS PANE UHOLDEN AT BANJUL APPEAL NO. AP/ 13/2011 BETWEEN: BABUCAR BANJINKA & 5 ORS………………….………….APPELLANTS AND: LANDING BANJINKA & 3 ORS....………….………..…....RESPONDENTS {Before: Justice Omar A. Secka Chairman, Justice T. Y. Yakasai, Alh. Ousman Jah Panelist, & Alh. Masohna Kah Panelist at Banjul on Thursday, June 7, 2011} UPRINCIPLES: 1. Plaintiff or Appellant is he who will be left alone whenever he decides to terminate the suit. See Al-Fawakihud Dawani Volume 2 page 296: 2. A plaintiff or Appellant can discontinue his case/appeal at any stage of the proceedings. The Islamic law procedure allows this as stipulated in the authority above cited. URULING Written and delivered by Justice Omar A. Secka
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2 PREFACE In the name of God, the M
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4 CONTENTS S/No. Contents Pages 1.
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6 7. Yorro Fatty Vs Lama Bah AP/17/
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8 orders. Sheikh Hydara Vs Yandeh N
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10 18. PRACTICE & PROCEDURE: Burden
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12 10. Almustasfa Min Ilmil Usul By
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14 4. Mafolatu Vs Usain Akanbi Ita
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16 UIN THE HIGH COURT OF THE GAMBIA
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20 according to the principles of S
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22 4. The residue of an estate alwa
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24 and she was very small so she wa
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26 Secondly, we accepted the decisi
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28 Musa Sabily shall have D112962.5
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30 5. Evidence is invalidated if sh
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32 disputing the right of these peo
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34 estate among his heirs, this pro
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36 This Panel has gone through the
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38 Shares: Share: 1. 10 7 27 D175,0
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40 …………………………
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42 at Street 45 Stanley Banjul belo
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44 “I was called there in the cou
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46 About the submission by the appe
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50 house of one Kebba Kebbeh at San
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52 a while and satisfy itself on wh
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54 From the totality of the foregoi
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56 for joinder as an interested par
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58 the rate of D8,250.00 and D25.00
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62 The claimant’s oath in (c) and
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64 Islam to exclude her from the va
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66 of the subject matter of the cla
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68 The above issues were not proved
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70 how well conducted. The non-comp
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74 2. That the change of name was w
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76 she confirmed what the appellant
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78 On this note, we hereby declared
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80 JUDGMENT Written & delivered by
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82 2- That the exclusion of Assan S
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84 4- That if the appeals Court wil
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86 Mr. Ousman Sarr (paternal brothe
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88 Rules 2010 which states that: Su
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90 stripes, and reject their testim
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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 134 and 135: 134 1. Fatou Dembajang- 4 years 2.
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 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 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
Page 184: 184 ……….……..…..……
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