Preface

49
The appellant, having not been so joined, is incompetent to prosecute the
instant appeal and the Panel has no better option than to strike out same.
JUDGMENT
Written and delivered by Justice A. S. Usman
This is an appeal against the decision of the District Court Tribunal of Jarra
(hereinafter referred to in this judgment as the lower court) dated 13/11/2010. The
respondent, as plaintiff in the lower court sued the defendant one Momodou Yahya
Kanteh for taking away his wife without his knowledge.
The claim before the lower court as could be discerned from the evidence of
the respondent contained on pages 1-4 of the printed record of proceedings of the
lower court placed before this panel is that, the defendant who was his next door
neighbour at Burufut and who on some occasions visited him and sought for a
traditional treatment for a sickness he was suffering from, was in love affairs with
his wife Maryama Camara the appellant in this case. The said defendant, the
respondent at the lower court narrated further, one day came to his house in the
night thinking that he was away to Birikama with the aim of meeting his wife; the
appellant herein but surprisingly saw him laying on the bed. He gave the defendant
a hot chase but the defendant managed to escape. The following day, the
defendant’s father begged the respondent and apologized on his behalf. Despite
this, the defendant did not stop his atrocities against his wife but courageously
thereafter, decided to camp and in fact did camp the appellant in a room at Farato
which arrears of rent totaling D600 he was made to settle when he went to bring
her to Base on the request of her father for admonition in company of one Malado
Camara; a germane sister to the appellant and pw2 on page 5 of the record of the
lower court. Even at Base, the defendant still ambushed her and camped her in the