Preface
Preface
Preface
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41<br />
UIN THE HIGH COURT OF THE GAMBIA<br />
UIN THE CADI APPEALS PANE<br />
UHOLDEN AT BANJUL<br />
APPEAL NO. AP/ 31/2005<br />
BETWEEN:<br />
AJI TIDE CEESAY………………………………..…….…….....APPELLANT<br />
AND:<br />
MODU NJIE………………..………………………….…….….RESPONDENT<br />
{Before: Justice Omar A. Secka Chairman, Alh. Essa F. Dabo - Panelish and<br />
Alh. Seringe M. Kah – Panelish at Banjul on Thursday, June 3, 2010}<br />
UPRINCIPLES:<br />
1. Any property subject to inheritance which could be partitioned without any<br />
harm for purposes of distribution to the inheritors must be partitioned for<br />
that purpose. See page 394.<br />
2. Monetary compensation does not therefore apply in an inheritance matter<br />
where the property in respect of which the compensation is sought to be paid<br />
can be partitioned and distributed among the heirs.<br />
UJUDGMENT<br />
Written and delivered by Justice Omar A. Secka<br />
The appeal was filed on 18/10/2005 against the decision of Cadi Court of<br />
Banjul dated 10/10/2005 which distributed the property which is situate and laying