Preface

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