Preface

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2 PREFACE In the name of God, the Most Gracious, the Most Merciful. Cadi Appeals Panel, which is a Panel vested with jurisdiction to hear appeals purely based on Sharia matters in the Gambia, is a creation of section 137A (1) of the 1997 Constitution of the Gambia. Appeals lie to it from decisions of the Cadi Courts and the District Tribunals of the Gambia in accordance with section 137 A (6) of the same Constitution. The Panel, shall be comprised of a Chairperson and not less than four other members and for the purpose of hearing appeals its quorum shall be constituted by at least three members of the Panel in accordance with sections 137A(1) and 137A (2) of the Constitution respectively. Jurisdiction wise, the Panel, by section 137A (6) of the Constitution is only allowed to hear appeals from judgements of the Cadi Courts on matters relating to marriage, divorce and inheritance and from the decisions of the District Tribunals where Sharia Law is involved. However, section 7 of the Mohammedan Law Recognition Act Cap 6:04 Laws of the Gambia, which has not been expressly repealed by any law in the Gambia provides that, Mohammedan Courts (now Cadi Courts and Cadi Appeals Panel) can entertain causes and matters, contentious or un-contentious, between or exclusively affecting Mohammedan Africans relating to Civil status, Marriage, Succession, Donations, Testaments and Guardianship.
3 In determining appeals from the two courts above, the Panel shall be guided by the Cadi Appeals Panel Rules 2009 and any relevant authority pertaining to Sharia Law. This product, cited as GAMBIA SHARIA LAW REPORT VOLUME 1 2011, contains 19 selected judgements/rulings of the Panel on Sharia matters from 2005 to 2011. The judgments and rulings are arranged based on the dates of the decisions. The product is aimed at affording the general public, most especially the law students, the practicing lawyers and the Honourable members of the bench who are the keepers of fountain of justice the opportunity of knowing the Islamic law as it relates to their family status. Being first of its kind in this area, the product admittedly, must suffer in one way or the other from certain shortcomings. Please forgive us if you come across any such shortcoming. Justice A. S Usman For and on Behalf of Nigerian Team of Kadis On Technical Assistance to the Gambia
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
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58 the rate of D8,250.00 and D25.00
Page 60 and 61:
60 UIN THE HIGH COURT OF THE GAMBIA
Page 62 and 63:
62 The claimant’s oath in (c) and
Page 64 and 65:
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
Page 72 and 73:
72 UIN THE HIGH COURT OF THE GAMBIA
Page 74 and 75:
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
Page 102 and 103:
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
Page 108 and 109:
108 single witness was called in th
Page 110 and 111:
110 before judgment is entered agai
Page 112 and 113:
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
Page 122 and 123:
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
Page 128 and 129:
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
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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
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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
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
Page 160 and 161:
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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