Preface

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.
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(Signed): Hon. Justice A.S. Tahir
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(Signed): Alh. Omar A. Secka
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(Signed) Alh. Essa F. Dabo