Preface

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