Preface

154
But at the same time if the said compound cannot be enough to be
distributed among the heirs than that compound should be sold and to distribute
that cash money among the heirs, and this should be done after the evaluation of
the compound to know the size of the land area and the house in the said
compound....
Finally, it comes to be known to the court that the said compound cannot be
enough to distribute among the heirs due to its small size, therefore the defendant
refusal not to sale the compound would be null and void, because it will be harmful
to other beneficiaries. ''
Dissatisfied with this decision the defendant now the appellant commenced
this appeal by notice of appeal filed on 13/04/2011 on three grounds as follows:
1. The learned Cadi of Banjul Islamic Court erred in law and in facts in not
ordering that the suit land be partitioned as proposed by the appellant and shown in
the proposed partition and accompanying sketch plans submitted by the appellant
to the said court in 2010.
2. The learned Cadi of Banjul Islamic Court erred in law and in facts in holding
that the suit land should be sold without first exploring the feasibility of
partitioning the said property as proposed by the appellant or otherwise.
3. The decision of learned Cadi of Banjul Islamic Court dated 4th April, 2011 is
against the weight of the evidence.
Then the appellant applies for the following reliefs:
1. An order that the decision of Cadi Banjul Islamic Court be set aside and