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Preface

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146<br />

Pursuant to section 137A (6) of the Constitution of the Federal Republic of<br />

the Gambia 1997, the appellants filed this appeal against the decision of Bundung<br />

Cadi Court on 19 th January 2011.<br />

The appeal was filed on 14 th April, 2011. On the 7 th June, 2011 the date the<br />

case was scheduled for mention, the panel received a withdrawal notice from the<br />

counsel to the appellants one Borry Touray dated 6 th day of June, 2011 informing<br />

the panel that the appellants hereby wholly discontinue this appeal. The parties<br />

were present before the court.<br />

The Panel: We strike out this appeal as prayed because Islamic Law Procedure<br />

accepts it as stipulated in Al-Fawakihud Dawani Volume 2 page 296 where it is<br />

provided thus:<br />

Meaning: the plaintiff is he who will be left alone whenever he decides to<br />

terminate the suit.<br />

We therefore strike out the appeal accordingly.<br />

.…………………………………<br />

(Signed): Justice Omar A Secka<br />

……………………………….<br />

(Signed): Justice Tijjani Y. Yakasai<br />

………………………………<br />

(Signed): Alh. Ousman Jah<br />

…………………….……………<br />

(Signed) Alh. Masohna Kah

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