Preface
Preface
Preface
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53<br />
with my wife, they have three children one passed away. I really was tired<br />
what the defendant was doing to me, I do not have access to my wife<br />
because of him my children have it very difficult to even speak in the mix of<br />
their companion, I feel very bad when I see my children without their<br />
mother. I only want justice to reveal between us this is all what I have to say<br />
in this honourable court."<br />
2. Page 14 of the record of proceedings under Judgment where the lower court<br />
remarked thus: ‘’The defendant Mamadou Yahya Kanteh was summoned by<br />
Yorro Camara for taken away of his legal wife Mariama Camara without his<br />
knowledge’’<br />
3. A plea for mitigation of punishment (allocution or allocutor) which was<br />
made by the defendant at page 13 of the record as follows: "I am betaking<br />
for marry from court because I am a family man with a wife and<br />
children····",<br />
4. The reaction of the lower court thus: "court heard your mitigation with lots<br />
of misunderstanding but your act of····taken away a married woman without<br />
the knowledge of the husband is a big offence which this court will not sit<br />
down to look people like you during it without taking legal action against it"<br />
5. The observation of the lower court at page 14 paragraph 3 of the record of<br />
proceedings:<br />
‘’For offence against customary law, district tribunal may subject to the<br />
provisions of this act, impose a five or many order imprisonment with or<br />
without hard labour or both fine and imprisonment, or many inflict any<br />
punishment authorized by customary law’’ at which point the court<br />
proceeded to convict and sentence the defendant.