Preface

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section 33(1)-(5) of the Gambian Constitution. He then rounded up by urging us to
set aside the judgment of the lower Cadi Court and order for an independent
surveyor to go to the ground to do a professional plan and study on how the house
can be partitioned for his client to get his right.
In his response Mr. Papa Mbye the learned counsel for the respondent
started by conceding to the Qur'anic verses and other references cited and relied
upon by the counsel for the appellant but disagreed with him on some of the
conclusions he has drawn there from. The learned counsel has conceded to the
appellant's right of pre-emption and further said that the right has even been
recognized by the lower court on the last page of the record of proceedings. But he
wondered how the appellant can reap the right without compensating the remaining
heirs. He further said that there are seven beneficiaries including the appellant.
The 1st respondent being the husband of the deceased is entitled to 1/4 of the
estate. Then the learned counsel concluded by saying that it will be ridiculous to
partition the property among the heirs.
The learned counsel then suggested a way out by saying that if the appellant
is interested in the property he can buy the shares of other heirs. Justice demands
that the property has to be sold out and the proceeds be shared among the
beneficiaries according to their shares. The learned counsel then said that it will
not be fair to throw away the idea of selling the property just because one of the
beneficiaries is against it. He further said it is not a matter of sentiment since the
mother has died the property is no longer her own, it now belongs to the
beneficiaries. 2ndly, there was no evidence that it was the mother's wish that the
property should not be sold, and even if there was it will be to no avail because it