Preface

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148 3. The applicants violated the provisions of Order III Rule 5 of the Cadi Appeals Panel Rules 2009, which reads: an appeal shall be filed within Thirty days from the date of the order or the judgment appealed against. 4. Order IV rule 15 of the Rules of this court vividly stated the procedure to be adopted if appeal to be filed is out of time.. Rule 13 of the same Order stipulates that an appeal shall not be brought out after the expiry of the time allowed for the appeal unless the panel grants an enlargement. No application for such an extension is filed before us. There is therefore no appeal before us in the eyes of law, talk less of entertaining the applicants for the prayer of stay of execution. See As’halul Madarik page 156 it had been stated “the existence of what the law does not recognize is like non- existence at all”. URULING Written and delivered by Justice S. U. Mukhtar The case originated from Bundung Islamic Court before the Cadi Tijan Kah and panelists Alh. Mustapha Sanneh and Basiru Muktar Liegh. The case was heard and subsequently decided on March 2007. The applicants / appellants filed their appeal through their counsel Barrister Lamin K. Boge before this honorable Court, this year 2011. The applicants stated their grounds of Appeal and jointly applied for the motion for the stay of execution. In the cause of hearing, both parties i.e. applicants and respondents made their submissions. The respondents’ counsel sought for an adjournment, the client
149 elected for the continuation of the hearing, the fact that his counsels via his letter raised preliminary objection that this appeal is out of time. The applicant in his submission, failed to convince this court to the contrary. His argument that he does not lay his hand on the record of proceedings of the lower Court tends to be negligence on his part. Upon our perusal of the record of proceeding of the lower Court; Bundung Court, the action speaks for itself. This case was decided on March 2007. The appeal is filed before this honorable Court this year 2011. This court is in total agreement with the submission of the respondents that this appeal is out of time. The applicants violated the provision of Cadi Appeals Panel Rules, which reads: an appeal shall be filed within Thirty days from the date of the order or the judgment appealed against. The rule vividly stated the procedure to be adopted if appeal to be filed out of time as enshrined in order IV rule 15. Rule 13 of the same order stipulates that an appeal shall not be brought out after the expiry of the time allowed for the appeal unless the panel grants an enlargement. No application for such an extension is file before us. Though in the eyes of law, there is no appeal before us, talk less of entertaining the applicants for the prayer of the stay of execution. In a book called As’halul Madarik page 156 it had been stated: Meaning: the existence of what the law does not recognize is like non- existence at all. In view of the above, this application is refused, and appeal struck out for non compliance with Cadi Appeal Panel Rule on the process of filing this appeal.
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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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Page 62 and 63:
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
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94 guided by their provisions with
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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 144 and 145: 144 reverted to Christianity, in th
Page 146 and 147: 146 Pursuant to section 137A (6) of
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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