Preface
Preface Preface
30 5. Evidence is invalidated if shrouded in doubt. See Alwajiz Fi Idahil Qawaidil Fiqhiyyal Kulliya by Dr. Muhammad Sidqi Page 216. See Also Alfatawal Kubrah by Ibn Taymiyyah Vol. 2 Page 121 JUDGMENT Written and delivered by Justice Omar A. Secka The case before the lower court (Lower Islamic Court of Banjul) pertained to the division of the estate of the deceased Alhaji Dembo Ceesay among his heirs. The deceased was said to have left the following: 1. Two compounds; one at Banjul valued at D619,567.00 and which is currently occupied by Hauwa Sillah and her family and the other one at Dippa Kunda valued at D819,480.00 and occupied by Aji Fanta Drammeh and her family, 2. Four widowers, (namely Hauwa Sillah, Aji Fanta Drammeh, Aja Nyima Jabbie and Aja Bintu Baldeh) and 3. Seventeen children both males and females from different mothers. One of the deceased’s daughters is separately alone and the rest are children of two surviving widowers. The other two widowers have had no issue with the deceased. The total value of the two compounds stands at D1,439,047.00. The total share of Hauwa Sillah and her family is estimated at D604,599.63 while that of Aji Fanta Drammeh and her family is estimated at D697,871.20. The one sixth of the two widows (1/8 divide by 2) from the net total value is D44,970.21. The share of the single separate daughters is D46,635.78.
31 The lower court decided that the Appellant, then as plaintiff should inherit the compound at Banjul with her family and ordered her to reimburse an amount of D14,967.37. The compound at Dippa Kunda would be inherited by Aji Fanta Drammeh and she should reimburse the sum of 121,608.00. The remaining inheritors will each receive his /her share in cash. They are as follows: (a) Nyimma Ceesay (daughter) whose share shall be D46,635.78 (b) Aja Nyima Jabbie (widower) whose share is D44,970,21 (c) Aja Bintu Baldeh (widower) whose share shall also be D44,970.21 Unsatisfied with the decision of the lower court, the appellant herein, through her counsel Mr. Hussein Darbo filed an appeal dated 26/5/2006 before this Panel upon the following grounds: 1. The decision of the Cadi is in conflict with the Sharia since he had combined the entire property (estate) of the deceased, Dembo Ceesay and distributed it among his heirs in total. 2. The decision of the Cadi compelling the heirs to accept their respective shares by substitution is in sharp conflict with the principle of Sharia for every inheritor enjoys the right of. The counsel therefore sought from the court an order annulling the decision of the lower court and ordering a retrial in the case. The appeal came up for hearing on 14/11/2007 with the parties and their respective attorneys present in court. The attorney to the appellant Mr. Hussein Darbo, arguing the case submitted that when Dembo Ceesay died, he was survived by seventeen children eight of which are the children of the appellant (4 boys and 4 girls). The respondent on the other hand had two (2) girls and six (6) boys. There is no separate daughter by the name Nyima Ceesay. He argued further that no one is
- 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 18 and 19: 18 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 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 48 and 49: 48 UIN THE HIGH COURT OF THE GAMBIA
- 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 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
- 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 72 and 73: 72 UIN THE HIGH COURT OF THE GAMBIA
- Page 74 and 75: 74 2. That the change of name was w
- Page 76 and 77: 76 she confirmed what the appellant
- Page 78 and 79: 78 On this note, we hereby declared
30<br />
5. Evidence is invalidated if shrouded in doubt. See Alwajiz Fi Idahil Qawaidil<br />
Fiqhiyyal Kulliya by Dr. Muhammad Sidqi Page 216. See Also Alfatawal<br />
Kubrah by Ibn Taymiyyah Vol. 2 Page 121<br />
JUDGMENT<br />
Written and delivered by Justice Omar A. Secka<br />
The case before the lower court (Lower Islamic Court of Banjul) pertained<br />
to the division of the estate of the deceased Alhaji Dembo Ceesay among his heirs.<br />
The deceased was said to have left the following:<br />
1. Two compounds; one at Banjul valued at D619,567.00 and which is<br />
currently occupied by Hauwa Sillah and her family and the other one at<br />
Dippa Kunda valued at D819,480.00 and occupied by Aji Fanta Drammeh<br />
and her family,<br />
2. Four widowers, (namely Hauwa Sillah, Aji Fanta Drammeh, Aja Nyima<br />
Jabbie and Aja Bintu Baldeh) and<br />
3. Seventeen children both males and females from different mothers. One of<br />
the deceased’s daughters is separately alone and the rest are children of two<br />
surviving widowers. The other two widowers have had no issue with the<br />
deceased.<br />
The total value of the two compounds stands at D1,439,047.00. The total<br />
share of Hauwa Sillah and her family is estimated at D604,599.63 while that of Aji<br />
Fanta Drammeh and her family is estimated at D697,871.20. The one sixth of the<br />
two widows (1/8 divide by 2) from the net total value is D44,970.21. The share of<br />
the single separate daughters is D46,635.78.
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