Preface

51
It is against this judgment of the lower court that the appellant vide a Notice
of Appeal dated 24/11/10 and filed on the same day, appealed to this panel to have
same set aside upon the following grounds, to wit,
1. That the judgment was wrong in law because the tribunal failed to take into
consideration the fact that the appellant was divorced from the respondent
for many years,
2. That the order by the court for the present husband of the appellant
Momodou Yahya Kanteh to pay the sum of D7000.00 to the respondent and
D3000.00 to the court is not based on any law neither in Sharia and
3. That the respondent misled the court by saying that I am still his wife which
is not true because my marriage with the respondent ended long time ago.
When this appeal came up for hearing on the 25 th day of January, 2011, the
appellant argued the appeal on the basis of the afore-quoted grounds of appeal and
further submitted that the suit before the lower court which gave birth to this
appeal was exclusively between the respondent and the defendant.
The respondent on the other hand disagreed with the appellant on grounds 1
and 3 by submitting that it was Momodou Yahya Kanteh, the defendant at the
lower court, that took away his wife and that they never separated. On ground 3,
the appellant submitted that he was not in position to comment on that, since he
was not the one that presided over the matter at the lower court. After hearing the
arguments of both the appellant and the respondent the panel then adjourned the
matter to today being 31/1/11 for judgment.
Before embarking on determination of the grounds of appeal argued before
this panel by the respective parties, it will be necessary for this panel to pause here