Preface

153
8. Where no jurisdiction all subsequent steps taken by the court have become
baseless and without foundation since you cannot put something on nothing
and expect it to stay.
JUDGMENT
Written and delivered by Tijjani Y. Yakasai
This is an appeal against the judgment of Banjul Principal Cadi Court,
presided over by principal Cadi Muhammad L. Khan and assisted by Cadi Ebrima
Kanteh and Cadi Muhammad A. Jaiteh, in a case which apparently has no number
as per the record of proceedings of the court at our disposal. Also the case has no
heading or title and there is no clear statement of claim. However from what we
were able to discern from the record particularly on page 1 of the record Mr.
Malick Gaye is the plaintiff and Mr. Edy Tourey is the defendant and the subject
matter of the claim before the court is a sale of a house No 14 Gloster Street Banjul
belonging to late Haja Bintou Jeng. The relevant portion of the record reads thus:
”........in which Mr. Malick Gaye the plaintiff who lived in
Serakunda has raised the petition against Mr. Edy Touray who also
lived in Banjul, the case is called before Banjul Cadi Court in the
subject of selling the Compound of the late Haja Bintou Jeng of 14
Gloster street Banjul.”
After hearing the parties the court read to the parties what appears to be its
judgment. Part of what the court read was.
''2. If the said compound happens to be divided among the heirs that should be
divided for each and every one of the heirs to have his or her share from the
distributed compound.