Preface

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18 UIN THE HIGH COURT OF THE GAMBIA UIN THE CADI APPEALS PANE UHOLDEN AT BANJUL APPEAL NO. AP/8/ 2005 BETWEEN: SHEIKH HAYDARA ……………………………………….…… APPELLANT AND: YANDEH NJIE ……………………………………………….…RESPONDENT {Before: Justice A. S. Tahir Chairman, Alh. Ousman Jah Panelist and Alh. Muhamad Jaiteh Panelist at Banjul on Thursday, November 28, 2005} UPRINCIPLES: 1. Where a court holds that the a child is entitled to maintenance from his or her father, it should go further to explain the mode of such maintenance especially as it relates to the child’s education. UJUDGMENT Written and delivered by Justice A.S. Tahir This is an appeal against the decision of Bundung Cadi Court presided over by Cadi Tijan Kah involving the custody of the children ( three daughters ). The appellant, Sheik Hydara dissatisfied by the decision of the Cadi Court appealed to the Cadi Appeals Panel against the decision.
19 HIS GROUNDS OF APPEAL ARE: 1. I divorced my wife after I understand that she has no more interest in my marriage because she has not being performing her matrimonial duties. 2. She then fled with my children to Essau N.B.D. 3. I filed case against her at Bundung Cadi Court in order to retrieve my children. 4. The Cadi misconceives the role of fair hearing by refusing to hear me because I went to complain to the High Court about the delicacy of the case 5. The Cadi later informed me verbally that I never have a wife or children. 6. I firmly believe that I married my said wife on a true Islamic way. 7. I firmly believe that we have three children within the said marriage one of which is one and a half year old. 8. I do frequently visit these children at Essau and I am very much dissatisfied with their living condition and also they are not attending school in both Islamic and English. 9. That on my last visit to them, I realized that she has dispersed the children by giving one to her elder sister and sent the other to Senegal 10. I field this appeal in order to retrieve my children, put them in good living condition, education them in both Islam and English and to train them on the moral and ethics of a good Muslim. Having listened to the two sides, and having gone through, the records of the Cadi Court, we have come to the conclusion that the Cadis Judgment is in order
Page 2 and 3: 2 PREFACE In the name of God, the M
Page 4 and 5: 4 CONTENTS S/No. Contents Pages 1.
Page 6 and 7: 6 7. Yorro Fatty Vs Lama Bah AP/17/
Page 8 and 9: 8 orders. Sheikh Hydara Vs Yandeh N
Page 10 and 11: 10 18. PRACTICE & PROCEDURE: Burden
Page 12 and 13: 12 10. Almustasfa Min Ilmil Usul By
Page 14 and 15: 14 4. Mafolatu Vs Usain Akanbi Ita
Page 16 and 17: 16 UIN THE HIGH COURT OF THE GAMBIA
Page 20 and 21: 20 according to the principles of S
Page 22 and 23: 22 4. The residue of an estate alwa
Page 24 and 25: 24 and she was very small so she wa
Page 26 and 27: 26 Secondly, we accepted the decisi
Page 28 and 29: 28 Musa Sabily shall have D112962.5
Page 30 and 31: 30 5. Evidence is invalidated if sh
Page 32 and 33: 32 disputing the right of these peo
Page 34 and 35: 34 estate among his heirs, this pro
Page 36 and 37: 36 This Panel has gone through the
Page 38 and 39: 38 Shares: Share: 1. 10 7 27 D175,0
Page 40 and 41: 40 …………………………
Page 42 and 43: 42 at Street 45 Stanley Banjul belo
Page 44 and 45: 44 “I was called there in the cou
Page 46 and 47: 46 About the submission by the appe
Page 50 and 51: 50 house of one Kebba Kebbeh at San
Page 52 and 53: 52 a while and satisfy itself on wh
Page 54 and 55: 54 From the totality of the foregoi
Page 56 and 57: 56 for joinder as an interested par
Page 58 and 59: 58 the rate of D8,250.00 and D25.00
Page 62 and 63: 62 The claimant’s oath in (c) and
Page 64 and 65: 64 Islam to exclude her from the va
Page 66 and 67: 66 of the subject matter of the cla
Page 68 and 69:
68 The above issues were not proved
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70 how well conducted. The non-comp
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72 UIN THE HIGH COURT OF THE GAMBIA
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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
Page 86 and 87:
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
Page 106 and 107:
106 R. 77 (4) Any distribution of a
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108 single witness was called in th
Page 110 and 111:
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
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118 4. The appellant being pregnant
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120 that she was not given the oppo
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122 their marriage was done by the
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124 (c) That when the appellant was
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126 This obligation is however deem
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128 UIN THE HIGH COURT OF THE GAMBI
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130 shall be filed within thirty da
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132 4. The fact that the appellant
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134 1. Fatou Dembajang- 4 years 2.
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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
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142 cover and having observed what
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144 reverted to Christianity, in th
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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
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154 But at the same time if the sai
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156 Islamic Law. His interest in th
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158 contradict the provision of Sha
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160 ISSUE NO. 1 (Whether or not the
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162 before Banjul Cadi Court in the
Page 164 and 165:
164 ''Two conditions are essential
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166 the court particularly the dist
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Page 170 and 171:
Page 172 and 173:
172 This is an appeal against the j
Page 174 and 175:
174 For the second witness Mr. Lami
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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
Page 184:
184 ……….……..…..……
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