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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.

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