Preface

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16 UIN THE HIGH COURT OF THE GAMBIA UIN THE CADI APPEALS PANEL UHOLDEN AT BANJUL APPEAL NO. AP/01/ 2005 BETWEEN: OMAR SECKA AND ANOTHER ……………………………... APPELLANT AND: MAMIE SECKA AND OTHERS ………………………...…RESPONDENTS {Before: Justice A. S. Tahir Chairman, Alh. Omar A. Secka Panelist and Alh. Essa F. Dabo Panelist at Banjul on Monday, July 11, 2005} UPRINCIPLES: 1. It is an established principle of Islamic law that whoever sleeps over his right cannot come back to fight it back. See Alwajiz Fi Idhahil Fiqhil Qulliya by Abil Harith Al Gazzi page 370 UJUDGMENT Written and delivered by Justice A.S. Tahir This is an appeal against the decision of Cadi Court sitting at Banjul presided by principal Cadi Alh. M.L Kahn involving inheritance of late Sainabou Jah. The appellant dissatisfied with the decision appealed to the Cadi Appeals Panel. UTHE GROUND OF APPEAL: The Grounds of Appeal as contained in the Notice of Appeal dated 3- 11- 2004 signed by appellant are as follows:
17 “We the undersigned beneficiaries hereby register our dissatisfaction with the decision of Banjul Cadi Court; the said decision was taken on the 24 th day of May 2004 with hearing from the parties concerned. That the compound at Gloucester Street which the Cadi gave to Omar Secka and his sister Mariama Secka is a family compound, which does not belong to our late mother alone. So in the light of the above, we appeal to the above - mentioned Court to intervene as soon as possible” After hearing the appellants and the respondent and going through the record of proceeding of Cadi Court, we discovered that the late Sainabou Jah had distributed the compounds among the beneficiaries and the other things (Clothes, rings and some money) were distributed by their uncle. And that all parties agreed on this distribution and were benefiting from it for 12 years. And we also observed that in the lower Court (Cadi Court) they were asked to return the properties back for redistribution and the appellant failed to do that. That was when the Cadi confirmed the distribution that was made by the late mother. This is very correct because in Sharia it is stated that “Assakit la Ya Oud”. See Alwajiz Fi Idahil Fiqhil Qulliya by Abil Harith Al Gazzi page 370. We herby confirm the decision of Cadi Court and dismiss the appeal accordingly. ………………………………… (Signed): Hon. Justice A.S. Tahir ……. ……………………………… (Signed): Alh. Omar A. Secka ………….…………………………… (Signed) Alh. Essa F. Dabo
Page 2 and 3: 2 PREFACE In the name of God, the M
Page 4 and 5: 4 CONTENTS S/No. Contents Pages 1.
Page 6 and 7: 6 7. Yorro Fatty Vs Lama Bah AP/17/
Page 8 and 9: 8 orders. Sheikh Hydara Vs Yandeh N
Page 10 and 11: 10 18. PRACTICE & PROCEDURE: Burden
Page 12 and 13: 12 10. Almustasfa Min Ilmil Usul By
Page 14 and 15: 14 4. Mafolatu Vs Usain Akanbi Ita
Page 18 and 19: 18 UIN THE HIGH COURT OF THE GAMBIA
Page 20 and 21: 20 according to the principles of S
Page 22 and 23: 22 4. The residue of an estate alwa
Page 24 and 25: 24 and she was very small so she wa
Page 26 and 27: 26 Secondly, we accepted the decisi
Page 28 and 29: 28 Musa Sabily shall have D112962.5
Page 30 and 31: 30 5. Evidence is invalidated if sh
Page 32 and 33: 32 disputing the right of these peo
Page 34 and 35: 34 estate among his heirs, this pro
Page 36 and 37: 36 This Panel has gone through the
Page 38 and 39: 38 Shares: Share: 1. 10 7 27 D175,0
Page 40 and 41: 40 …………………………
Page 42 and 43: 42 at Street 45 Stanley Banjul belo
Page 44 and 45: 44 “I was called there in the cou
Page 46 and 47: 46 About the submission by the appe
Page 50 and 51: 50 house of one Kebba Kebbeh at San
Page 52 and 53: 52 a while and satisfy itself on wh
Page 54 and 55: 54 From the totality of the foregoi
Page 56 and 57: 56 for joinder as an interested par
Page 58 and 59: 58 the rate of D8,250.00 and D25.00
Page 62 and 63: 62 The claimant’s oath in (c) and
Page 64 and 65: 64 Islam to exclude her from the va
Page 66 and 67:
66 of the subject matter of the cla
Page 68 and 69:
68 The above issues were not proved
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70 how well conducted. The non-comp
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72 UIN THE HIGH COURT OF THE GAMBIA
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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
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98 the appellant. As such the appli
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100 I find no difficulty in resolvi
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102 same way other cases are commen
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104 '' Under Islamic Law, the subje
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106 R. 77 (4) Any distribution of a
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108 single witness was called in th
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110 before judgment is entered agai
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112 A judge shall on no account rel
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114 these primary sources of Islami
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116 same lower court (Principal Cad
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118 4. The appellant being pregnant
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120 that she was not given the oppo
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122 their marriage was done by the
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124 (c) That when the appellant was
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126 This obligation is however deem
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128 UIN THE HIGH COURT OF THE GAMBI
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130 shall be filed within thirty da
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132 4. The fact that the appellant
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134 1. Fatou Dembajang- 4 years 2.
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136 1. Transfer the right of custod
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138 subsisting marriage between me
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140 At this juncture we requested t
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142 cover and having observed what
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144 reverted to Christianity, in th
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146 Pursuant to section 137A (6) of
Page 148 and 149:
148 3. The applicants violated the
Page 150 and 151:
150 ……….……..…..……
Page 152 and 153:
152 clearly defined and limited the
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154 But at the same time if the sai
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156 Islamic Law. His interest in th
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158 contradict the provision of Sha
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160 ISSUE NO. 1 (Whether or not the
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162 before Banjul Cadi Court in the
Page 164 and 165:
164 ''Two conditions are essential
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166 the court particularly the dist
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Page 172 and 173:
172 This is an appeal against the j
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174 For the second witness Mr. Lami
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176 built up together there is a th
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178 1. Whether it took place on 22
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180 Meaning: reconciliation is perm
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182 3. Those who have no course yet
Page 184:
184 ……….……..…..……
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