Preface

35
This is despite the respondent’s objection to that effect on the ground that,
the request did not form part of the appellant’s grounds of appeal. This Panel,
being an Islamic Court, aims at doing substantial justice without undue regard to
technicalities. The Panel consequently appointed another valuer by name Ebrima
Barry of the Department of Estate for Land and planning to repeat the process of
valuation which he did and to which the respondent consented after her attorney
Mr. Darbo demanded the presence of the valuer before the Panel to answer some
questions. The matter was therefore adjourned to 4/2/2009 for that purpose on
which day the valuer Mr. Ebrima Barry appeared in court to confirm the report.
The parties having consented to the report of the new valuation, the new value for
the property at Banjul is now D1,732,243.00 as against its earlier value of
D619,567.00 while that of the compound at Dippa Kunda is D968,934.00 as
against its former value of D819,480.00.
A Memo from the respondent seeking the payment of debts incurred by the
deceased was presented to the Panel by the respondent. After series of
adjournments at the instance of the lawyers the Panel on 4/6/2008 decided to hear
from the respondent concerning the unpaid debts she is claiming from the
deceased. After hearing the matter and the arguments of the two attorneys on it the
Panel rejected the debts on ground of lack of evidence to support them as
enshrined in the Holy Quran Suratul Baqara Verse 286 “Oh ye the believers
establish in writing whenever you loan to each other”.
On 6/11/08, the attorney, Mr. Darbo informed the Panel of the demise of the
appellant and the Panel advised him to find a substitute among the inheritors which
substitute he informed the court of on 4/12/2008 to be Hawa Ceesay.