Preface
Preface
Preface
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48<br />
UIN THE HIGH COURT OF THE GAMBIA<br />
UIN THE CADI APPEALS PANE<br />
UHOLDEN AT BANJUL<br />
APPEAL NO. AP/16/2010<br />
BETWEEN:<br />
MARYAM CAMARA …………………………………..…………APPELLANT<br />
AND:<br />
YOROO CAMAR…………………………………...…..……….RESPONDENT<br />
{Before: Justice Omar A. Secka Chairman, Justice A. S. Usman, Alh. Ousman Jah<br />
Panelist and Alh. Masohna Kah Panelist at Banjul on Tuesday, January 31, 2011}<br />
UPRINCIPLES:<br />
1. Even though The Cadi Appeals Panel by section 137 A (6) of the 1997<br />
Constitution of the Gambia, has jurisdiction to entertain appeals from<br />
judgments of the District Courts where Sharia law is involved, that<br />
jurisdiction does not extend to entertaining appeals from the decisions of the<br />
said tribunals where those decisions were founded on criminal trials.<br />
2. By section 26 of the District Tribunals Act Cap. 6:03 Vol. II Laws of the<br />
Gambia only a party to the proceedings of a District Tribunal, who is<br />
aggrieved, can appeal against its decisions to the Cadi Appeals Panel where<br />
Sharia law is involved.<br />
3. Where a person (who is not a party) has an interest in a case that is pending<br />
before a court, the appropriate thing to do is to apply for joinder under the<br />
relevant rules of the court to enable him or her to partake in its proceedings.