Preface

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26 Secondly, we accepted the decision of the Kanifing Cadi Court and confirm its distribution of estate and apportioning shares to the heirs. As such the widow Hasana Baye will have 1/8 of the house. The residue is to be shared among the children (Musa Sabily= Son and Hauwa Sabily= Daughter) on the principle of a male take the double share of a female. This is in compliance with Allah's injunction in Al-Nisa Cap. 4 Verse 12 and 9 where He says: Meaning: …..but if ye leave a child, they get an eighth…… Meaning: Allah directs you as regards your children’s (Inheritance): to the male, a portion equal to that of two females: Thirdly, Valuation of the house and other structures attached to it, its distribution, delineating the boarders and specifying allotted portion for each heir on the sketch plan. Fourthly, the request of appellant for the custody of Hauwa Sabily is hereby refused for the reason that the age of the said Hauwa Sabily is still within the period when the mother is strictly and exclusively vested with the right of her custody by law as reported by Ibn Qudama in the famous Islamic book of procedure (Al-Mugni):
27 Meaning: (if a marital relationship of a couple comes to an end and they have a child the mother has a better right of custody over the child (male or female) provided that she has satisfied the laid down conditions. This is Maliki's view and his disciples and no dissenting view is known to have been held by any one.). We have therefore affirmed the custody of Hauwa Sabily at the hand of her mother Hasana Bayayi the respondent. Fifthly, the Respondent is therefore hereby appointed as the guardian of Hauwa Sabily who will have control over her estate. However the Respondent has no right to dispose of house that has been given to Hauwa by sale or gift or mortgage without seeking and obtaining the approval of this Appeal panel or that of Hauwa if she has attained the legal age of puberty. Sixthly, we received the valuation report from the engineer Mr. Andrew of the ministry of land and physical planning on 24/09/ 2007 with the following details: 1. House No. A valued at D37,650.00 2. House No. B valued at D7,150.00 3. House No. C valued at D33,850.00 4. Land size is 942.65 meter valued at D115,000.00 5. Grand total is D193650.00 Hasana Bayayi will have as her share the sum of D24, 206.25 Children shall take the residue as their share. It is D169443.75. Accordingly: Hauwa Sabily shall have D56481.25
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 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
Page 70 and 71: 70 how well conducted. The non-comp
Page 74 and 75: 74 2. That the change of name was w
Page 76 and 77:
76 she confirmed what the appellant
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78 On this note, we hereby declared
Page 80 and 81:
80 JUDGMENT Written & delivered by
Page 82 and 83:
82 2- That the exclusion of Assan S
Page 84 and 85:
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
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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
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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
Page 158 and 159:
158 contradict the provision of Sha
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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
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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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