Preface

24
and she was very small so she was concerned about her rights and the possibility of
his tempering with them because since the death of their father three years ago he
never showed her any concern or rendered any assistance to her. For this reason the
respondent appealed to the Panel to confirm the decision of the lower Court.
EVALUATION OF SUBMISSIONS:
On the submission of the appellant that the Cadi of the lower Court
maintained some level of inequality between him and respondent when he attended
to the respondent alone in his chambers during the pendency of the case this Panel
is of the view that this allegation should not be attended to or looked into due to
absence of evidence to sustain it. This is in compliance with a prophetic tradition
reported by Tabrani and Byhaqi that: The burden of proof is on he who alleges if
he can’t the burden of oath is now shifted to the party against
whom the allegation is made.
On the submission of the appellant that the Cadi ordered for his detention
while the hearing of the case was going on the Panel is of the view that this
allegation also cannot attract consideration for lack of evidence in its support.
On the submission of the appellant on failure of the Cadi to advert his mind
to a document which contains the inventory of the properties taken away by the
respondent from the house the Panel of the opinion that this allegation like the
previous ones cannot be considered for lack of evidence to sustain it, more
especially that the appellant had confessed before this Panel that he cannot prove
the allegation.