Preface

177
Finally Mr. Sisoho requested from the Honorable panel to set aside the
decision of the Kanifing lower Islamic Court, and order hearing denovo for the
case
In his respond the respondent stated by saying that: On the first ground
when we went to the Court it sent us back for reconciliation and we did so but have
failed, it was in the year 2005. Then I went back to the Court and told it that we
cannot get compromise from there I told the Court that I have divorced her but she
refused to get out of my compound.
On the second ground I believe that the decision of the lower Court was
correct and right because I told them that my wife refused to share the bed with me
and saying that she no longer loves me. Hence I am the one who married her and I
divorced her, also she and her children jointly beat my second wife.
On the 3 rd and 4 th ground I am to say that the purpose of our going to the
lower Cadi Court was about divorce not about joint property or ownership.
On fifth ground I did not agree that the appellant was the bread winner of the
household because before he became blind I was working and having money
which later on I was feeding my family from it.
On the ground 8, I am saying that the appellant had a fair hearing as I had it.
And what I want to add is that my children I am the one who requested from the
lower Court to eject them from my compound simply because they and their
mother do not give me any respect and they are insulting me day and night.
Having carefully gone through the record of proceedings of the lower Court
and also the grounds of appeal and submission of learned counsel for the appellant
and the respondent before us it is necessary to clear one important point before
taking any step in this appeal and which is the issue of alleged divorce by the
respondent/the plaintiff: