Preface

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164 ''Two conditions are essential to the subject matter in dispute. There should be clear statement of the complaint followed by proper description of the subject matter'' What these requirements go to show is that it is the pre-requisite, that for a statement of claim or Da’awa before a Cadi court to meet the required degree of clarity by Sharia so as to qualify for hearing, it must be realistic, unambiguous, definite, precise, apt, succinct, full and complete and must not be evasive, vague and bogus. In addition to all that have been said rules 77(2) & (3) of ‘'THE CADI COURTS (CIVIL PROCEDURE) RULES, 2010'' (hereinafter called The Rules) imposes two additional conditions if claim is in the form of an application for distribution of estate it must contain name of the deceased, the time of his death, the estate sought to be distributed and names of all heirs and their status. It is also a condition precedent for a valid claim for the distribution of estate that the claim must be accompanied by a valuation report. The relevant rules read thus: R. 77(2) such an application for the distribution of estate shall contain the name of the deceased, the time of death, the estate sought to be distributed and names of all the heirs. (3) A court shall not proceed to distribute Any estate without a prior valuation of same by a qualified valuer.
165 It is apparently clear that the statement of claim before the lower court in the instant case can hardly satisfy these requirements. It is hereunder reproduced again: “.....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.” The above statement is vague, incomplete and ambiguous. It has failed to satisfy the requirements of a valid statement of claim as we have seen them above for many reasons. In the first place the statement is not in a narrative form in which case the court would have recorded it in verbatim or word by word as put forward by the plaintiff but it is in a third person expressions. 2ndly, the date of death of the deceased is absent. 3rdly, the details about the gender of the children is also absent. For instance who and who and how many among them are the female and who and who are the male. 4thly, it is not clear from the content of the statement whether or not the parents of the deceased or one of them have survived her. All these vital pieces of information are conspicuously missing on the face of the claim. Likewise there is nowhere in the record of proceeding of the lower Court where it is stated that the Court has sought and received a valuation report in respect of the property either from the parties or from an independent surveyor. This aspect which is also an integral part of a valid claim before the Court is not only essential but unavoidably necessary. The consequential effect of absence of the required and valid application or statement of claim for distribution of estate and valuation report before the lower court is so grave that it exposes the whole proceedings of
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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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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
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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
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 148 and 149: 148 3. The applicants violated the
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 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
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