Preface

50
house of one Kebba Kebbeh at Sancheba Suley Jobe where he normally goes to
meet her from Burufut. He encountered difficulties before he could trace the
appellant and even after tracing her, to his astonishment, she was pregnant for the
defendant. To crown it all, the respondent alleged being denied total access to the
appellant by the defendant and that his children as a result are forced to live
without their mother.
The respondent in addition to his testimony at the lower court called two
witnesses, to wit, Amodou Keiteh as pw1 and Malado Camara as pw2 (p3-6) in
proof of his case at the close of which the defendant opened his defence.
The defendant at pages 6-9 reacted to the respondent's claim by denying
liability on the ground that the appellant is his wife. She was given to him in
marriage by her brother Muattarr Camara who resides at Guinea Bissau. That the
marriage was contracted between him and the appellant after the respondent had
divorced her and upon the production of the divorce letter to that effect. That they
had three issues from the marriage, two are alive but one is dead. In support of his
case the defendant also called two witnesses i.e. Wandifa Jameh as dw1 and
Maryama Camara as dw2. (p9-12)
At the close of the evidence for the defense, the lower court relying on
sections 12 and 13 of the District Tribunals Act Cap. 6:03 Vol. II Laws of the
Gambia passed its judgment sentencing the defendant to pay a fine D3000.00 or in
default to serve a 6 months term of imprisonment with hard labour and additionally
to pay the sum of D7000.00 as compensation to the respondent and in default to
serve a 12 months term of imprisonment with hard labour.