Preface

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168 UIN THE HIGH COURT OF THE GAMBIA UIN THE CADI APPEALS PANEL UHOLDEN AT BANJUL BETWEEN: APPEAL NO. AP/05/2010 DODOU TOURAY & 1 OTHER……………………………………… APPELLANTS AND: BADOU SENGHORE & 1 OTHER………………………………....RESPONDENTS {Before: Justice Omar A. Secka Chairman, Justice A. S. Usman, Alh. Ousman Jah Panelist, & Alh. Masohna Kah Panelist at Banjul on Tuesday, July 5, 2011} UPRINCIPLES: 1. The Cadi Appeals Panel may, on the application of the opponent, under Order VII Rule 21 (1) and Order IX Rule 28 of the Cadi Appeals Panel Rules 2009 strike out an application for absence of counsel in court. RULING: Written and delivered by A. S. Usman This is a motion dated 23 rd day of May 2011 filed on 14/6/11 praying for: 1. That there was an error of law when the Cadi’s Appeals Panel struck out the appellants appeal for filing out of time when it did not enquiry into the respective dates when the Surveyor actually did the demarcation as that date when the real import of the judgment was brought to the attention of beneficiaries. 2. For an order extending time for the making of this application.
169 3. Such further, order orders. The motion is supported by 13 paragraphs affidavit deposed to by the 2 nd appellant (Ebrima Touray) and accompanied with judgment of the Panel, set of letters to Bundung Cadi Court and a letter dated 2 nd January 2011 respectively marked as ET1, ET2 and ET3. When the motion came up for hearing today being 5 th of July 2011, the 2 nd appellant ((Ebrima Touray) as well as the 2 nd respondent (Jaysuma Janneh) were in court but the counsel to the former, one Mr. Boury Touray was not in court to argue his application. 2nd appellant informed the Panel that the counsel was engaged in one of the courts without further details. The 1 st appellant was said to have passed away about four months back while the 1 st respondent was away to Sweden hence their absence in court. In view of the conspicuous absence of the applicants’ counsel in court to move his application coupled with the fact that there is no any letter from his chambers to excuse his absence, this Panel decides that the motion dated 23 rd May 2011be, and same is hereby struck out under Order VII Rule 21 (1) and Order IX Rule 28 of the Cadi Appeals Panel Rules 2009. ……….……..…..…………… (Signed): Justice Omar A Secka ………………………………. (Signed): Justice A. S. Usman ……………………………… (Signed): Alh. Ousman Jah ………………….…………… (Signed) Alh. Masohna Kah
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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
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114 these primary sources of Islami
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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 164 and 165: 164 ''Two conditions are essential
Page 166 and 167: 166 the court particularly the dist
Page 170 and 171: 170 UIN THE HIGH COURT OF THE GAMBI
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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