Preface

170
UIN THE HIGH COURT OF THE GAMBIA
UIN THE CADI APPEALS PANEL
UHOLDEN AT BANJUL
BETWEEN:
APPEAL NO. AP/10/2011
KALA KAITA & 7 OTHERS….……………………………………… APPELLANTS
AND:
MUSTAPHA DAMPHA………..……………………………………....RESPONDENT
{Before: Justice Omar A. Secka Chairman, Alh. Ousman Jah Panelist, & Alh.
Masohna Kah Panelist at Banjul on Tuesday, July 26, 2011}
UPRINCIPLES:U
1. Reconciliation is enjoined in divorce cases, and from the testimonies of
witnesses as contained in the record of proceedings of the Cadi Court of
Kanifing, the parties were given adequate time and opportunity to reconcile.
See the letter of Caliph Umar to Abu Musa Al-Ash’ari contained in
Tabsiratul Hukkam Vol. 1 Page 25 “Reconciliation is permissible between
Muslims except a reconciliation that changes lawful to unlawful or changes
unlawful to lawful”.
2. Even if no attempt was made at reconciliation in the instant case, going by
Order XX Rule 100 sub rule (1) of the Cadi Courts Civil Procedure Rules
2010 of the Gambia which provides that “At any time before Judgment is
delivered the Court may refer any matter to mediation or negotiation…”
that would not have resulted in overturning the decision of the lower court
on that ground because it is not mandatory.