Preface

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For the second witness Mr. Lamin Keita when he was asked by the Court
for whether he knows that the couple is divorced? He said:
“any way one fine day the plaintiff / respondent came to me telling
me that, your sister is in my home come and take her out”.
When the court asked him that since then what did he know about them? He
answered that:
“I know that their marriage is there and by the time he told me to
collect my sister from his home, I putted on him that I cannot do that,
take her to were you got her from” .
For the third witness (Jamba Keita) he testified before Kanifing Islamic
Court by saying that:
“I received no letter from him in the fact that he has called me to
come and take my sister out of his home, I answered to him that if you
really divorced your wife you better take her to her family”.
The lower Court also asked the plaintiff whether, he is interested to retain
his wife in marriage. And he answered that:
“I prefer to go hell fire than to retain this woman in my Marriage”.
After hearing from the parties the Court read to them what appears to be its
Judgemet as wallows: that the divorce has occurred between the couple for
the first time that, evidence is in the Quran where Allah said:
“The divorced woman should wait and see the three waiting
period “
Dissatisfied with this decision the defendant now the appellant filed a notice
of appeal against it on 28 th March 2011 on eight grounds as follows:
1. The Cadi was wrong to proceed with divorce hearing without first
encouraging the parties to reconciliation.