Preface

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182 3. Those who have no course yet also their period is three months. 4. Thos who are in the age of monthly course and their period Iddah is three monthly courses. Based on this, the Court below was to clarify the type of Iddah which is applicable to the appellant but it silent on that. However she has no legal right according to Sharia to continue to stay at the matrimonial home after observing Iddah (waiting period) as stated by prophet (P.B.H) It is reported by Fatimat Bintou Qays who said: “that her husband has divorced her three times and prophet (P.B.U.H.) did not give her right for maintenance and shelter” see Muslim with compliment of Imam Nawawe. V4 page 94 Sheikh Shanqeethy in his book said: Means: this is a clear and authentic that divorced women have no right for maintenance and shelter See Adwa-ul Bayan Vol. 1 page 108 Based on this reason the ground succeeds. For the issue of second wife whether it has had impact on the relationship between the appellant and the respondent or not, our opinion on this issue is that this matter was not the subject matter before the Court below and was not mentioned by any of the parties before the lower Court. So the Court below was right not to address the issue. Based on that reason this ground failed.
183 Coming to the last issue argued by the learned counsel Sisoho relating to the ejectment of the children of the respondent from his own compound, we do not agree with the learned counsel that the lower Court has taken any decision on that matter according to the judgment. It stated only the issue of divorce and maintenance of the divorced wife during the waiting period and end of waiting period. See P8 of the Judgment. But hence the plaintiff/ respondent mentioned it in his claim before the lower Court as stated in page 2 as follow: “so my capacity as the father and owner of the compound I want to see that the following are out of my compound. 1. Divorced wife 2. Bakery Dampha 3. Ansumana Dampha 4. Kaddy Dampha. This is clear that he claimed to eject those mentioned children with their mother but the lower Court was silent on it. This was mentioned in the claim before it and it was wrong for the court not to consider it. The conditions which a valid claim must fulfill are? 1. A clear statement of the claim. 2. The proper description of the subject matter. And when we look at the claim the first condition was fulfilled while it was up to the lower Court to ensure the fulfillment of the second condition but did not. Based on this reason this ground succeeds. In the final analysis we hereby declare that this appeal succeeds partly.
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2 PREFACE In the name of God, the M
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4 CONTENTS S/No. Contents Pages 1.
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6 7. Yorro Fatty Vs Lama Bah AP/17/
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8 orders. Sheikh Hydara Vs Yandeh N
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10 18. PRACTICE & PROCEDURE: Burden
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12 10. Almustasfa Min Ilmil Usul By
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14 4. Mafolatu Vs Usain Akanbi Ita
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16 UIN THE HIGH COURT OF THE GAMBIA
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20 according to the principles of S
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22 4. The residue of an estate alwa
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24 and she was very small so she wa
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26 Secondly, we accepted the decisi
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28 Musa Sabily shall have D112962.5
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30 5. Evidence is invalidated if sh
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32 disputing the right of these peo
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34 estate among his heirs, this pro
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36 This Panel has gone through the
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38 Shares: Share: 1. 10 7 27 D175,0
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40 …………………………
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42 at Street 45 Stanley Banjul belo
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44 “I was called there in the cou
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46 About the submission by the appe
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50 house of one Kebba Kebbeh at San
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52 a while and satisfy itself on wh
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54 From the totality of the foregoi
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56 for joinder as an interested par
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58 the rate of D8,250.00 and D25.00
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62 The claimant’s oath in (c) and
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64 Islam to exclude her from the va
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66 of the subject matter of the cla
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68 The above issues were not proved
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70 how well conducted. The non-comp
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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
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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
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106 R. 77 (4) Any distribution of a
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108 single witness was called in th
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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
Page 132 and 133: 132 4. The fact that the appellant
Page 134 and 135: 134 1. Fatou Dembajang- 4 years 2.
Page 136 and 137: 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
Page 142 and 143: 142 cover and having observed what
Page 144 and 145: 144 reverted to Christianity, in th
Page 146 and 147: 146 Pursuant to section 137A (6) of
Page 148 and 149: 148 3. The applicants violated the
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Page 152 and 153: 152 clearly defined and limited the
Page 154 and 155: 154 But at the same time if the sai
Page 156 and 157: 156 Islamic Law. His interest in th
Page 158 and 159: 158 contradict the provision of Sha
Page 160 and 161: 160 ISSUE NO. 1 (Whether or not the
Page 162 and 163: 162 before Banjul Cadi Court in the
Page 164 and 165: 164 ''Two conditions are essential
Page 166 and 167: 166 the court particularly the dist
Page 168 and 169: 168 UIN THE HIGH COURT OF THE GAMBI
Page 170 and 171: 170 UIN THE HIGH COURT OF THE GAMBI
Page 172 and 173: 172 This is an appeal against the j
Page 174 and 175: 174 For the second witness Mr. Lami
Page 176 and 177: 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
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