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54 From the totality of the foregoing, it will be crystal clear that, the respondent’s claim against the defendant was not strictly founded on determining the validity or otherwise of the marriage between the respondent and the appellant vis-a-vis the alleged second marriage between the appellant and the defendant or based on infringement of any of the conjugal rights of the respective spouses in the two marriages as to confer jurisdiction on this panel to entertain the appeal. The respondent herein dragged the defendant (who is unfortunately not a party to this appeal) to the lower court to seek for the court's protection against the defendant who has constantly, and with disturbing regularity, enticed the appellant to desert the respondent and deprived him from enjoying the fruits of his marriage with her. This claim, which to my perception looks criminal in nature, cannot be said to fall within the purview of section 137A (6) of the Constitution of the Gambia as to confer jurisdiction on this panel to determine the appeal on the basis of ‘marriage’ simpliciter. The defendant’s conviction and sentence under section 13 of the District Tribunal Act (supra) for an offence against customary law is a clear testimony on this. Appeal is always determined on the basis of the claim before the trial court and this panel has no jurisdiction to entertain criminal appeals. This panel is not oblivious of the fact that by section 10 of the District Tribunals Act (supra) District Tribunals in the Gambia are empowered, inter alia, to try and determine all civil suits and matters, including claims based on Mohammedan Law Recognition Act Cap. 6:04 Laws of the Gambia Vol. II as enshrined in S. 11 thereof, but that does not mean that where the issue of marriage, divorce or succession comes before the court but the plaintiff's claim was not founded on them, this panel will automatically assume jurisdiction and entertain appeals emanating there from. That is not the intendment of section 137 A (6). For
55 this reason, it’s the decision of this panel that this appeal lacks merit on this ground for being fundamentally defective in law for want of jurisdiction. As to the second issue, whether the appellant is competent to maintain this appeal bearing in mind the fact that she was not a party to the proceedings at the lower court and no attempt was made by her to be joined as an interested party either at the lower court or before this panel, it is pertinent to know at this juncture who may appeal against the decisions of the District Tribunals in the Gambia. Section 26 of the District Tribunals Act (supra) restricts the right to appeal against its decisions to the parties. The section provides: "Any party who feels himself aggrieved by any judgment, order or a decision of a District Tribunal whether given in the exercise of its civil or criminal jurisdiction,···············may appeal therefrom to the Supreme Court···". The proviso to this section makes the issue of appeal from District Court to the Supreme Court amenable to modification by the Chief Justice with a view to eliminating undue formality, delay and expense. Section 137 A (6) of the 1997 Constitution of the Gambia has overtaken the rules that may be made by the Chief Justice in this regard by providing that such appeals may lay to this panel where Sharia law is involved. Undoubtedly the appellant is an interested party but is she competent to appeal against the decision of the District Tribunal Act within contemplation of section 26 of the District Tribunals Act (supra)? Being a party to the proceedings of the District Tribunals is a condition precedent to filing an appeal against its decisions. The appellant has not satisfied that requirement since she was neither a party to the proceedings before the lower court nor was she joined as an interested party under the relevant rules of either court. The appellant should have applied
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2 PREFACE In the name of God, the M
Page 4 and 5: 4 CONTENTS S/No. Contents Pages 1.
Page 6 and 7: 6 7. Yorro Fatty Vs Lama Bah AP/17/
Page 8 and 9: 8 orders. Sheikh Hydara Vs Yandeh N
Page 10 and 11: 10 18. PRACTICE & PROCEDURE: Burden
Page 12 and 13: 12 10. Almustasfa Min Ilmil Usul By
Page 14 and 15: 14 4. Mafolatu Vs Usain Akanbi Ita
Page 16 and 17: 16 UIN THE HIGH COURT OF THE GAMBIA
Page 20 and 21: 20 according to the principles of S
Page 22 and 23: 22 4. The residue of an estate alwa
Page 24 and 25: 24 and she was very small so she wa
Page 26 and 27: 26 Secondly, we accepted the decisi
Page 28 and 29: 28 Musa Sabily shall have D112962.5
Page 30 and 31: 30 5. Evidence is invalidated if sh
Page 32 and 33: 32 disputing the right of these peo
Page 34 and 35: 34 estate among his heirs, this pro
Page 36 and 37: 36 This Panel has gone through the
Page 38 and 39: 38 Shares: Share: 1. 10 7 27 D175,0
Page 40 and 41: 40 …………………………
Page 42 and 43: 42 at Street 45 Stanley Banjul belo
Page 44 and 45: 44 “I was called there in the cou
Page 46 and 47: 46 About the submission by the appe
Page 50 and 51: 50 house of one Kebba Kebbeh at San
Page 52 and 53: 52 a while and satisfy itself on wh
Page 56 and 57: 56 for joinder as an interested par
Page 58 and 59: 58 the rate of D8,250.00 and D25.00
Page 62 and 63: 62 The claimant’s oath in (c) and
Page 64 and 65: 64 Islam to exclude her from the va
Page 66 and 67: 66 of the subject matter of the cla
Page 68 and 69: 68 The above issues were not proved
Page 70 and 71: 70 how well conducted. The non-comp
Page 74 and 75: 74 2. That the change of name was w
Page 76 and 77: 76 she confirmed what the appellant
Page 78 and 79: 78 On this note, we hereby declared
Page 80 and 81: 80 JUDGMENT Written & delivered by
Page 82 and 83: 82 2- That the exclusion of Assan S
Page 84 and 85: 84 4- That if the appeals Court wil
Page 86 and 87: 86 Mr. Ousman Sarr (paternal brothe
Page 88 and 89: 88 Rules 2010 which states that: Su
Page 90 and 91: 90 stripes, and reject their testim
Page 92 and 93: 92 allegation as stated in the Hadi
Page 94 and 95: 94 guided by their provisions with
Page 96 and 97: 96 properties one in Allen street o
Page 98 and 99: 98 the appellant. As such the appli
Page 100 and 101: 100 I find no difficulty in resolvi
Page 102 and 103: 102 same way other cases are commen
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104 '' Under Islamic Law, the subje
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106 R. 77 (4) Any distribution of a
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108 single witness was called in th
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110 before judgment is entered agai
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112 A judge shall on no account rel
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114 these primary sources of Islami
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116 same lower court (Principal Cad
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118 4. The appellant being pregnant
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120 that she was not given the oppo
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122 their marriage was done by the
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124 (c) That when the appellant was
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126 This obligation is however deem
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128 UIN THE HIGH COURT OF THE GAMBI
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130 shall be filed within thirty da
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132 4. The fact that the appellant
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134 1. Fatou Dembajang- 4 years 2.
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136 1. Transfer the right of custod
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138 subsisting marriage between me
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140 At this juncture we requested t
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142 cover and having observed what
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144 reverted to Christianity, in th
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146 Pursuant to section 137A (6) of
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148 3. The applicants violated the
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150 ……….……..…..……
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152 clearly defined and limited the
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154 But at the same time if the sai
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156 Islamic Law. His interest in th
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158 contradict the provision of Sha
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160 ISSUE NO. 1 (Whether or not the
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162 before Banjul Cadi Court in the
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164 ''Two conditions are essential
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166 the court particularly the dist
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Page 172 and 173:
172 This is an appeal against the j
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174 For the second witness Mr. Lami
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176 built up together there is a th
Page 178 and 179:
178 1. Whether it took place on 22
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180 Meaning: reconciliation is perm
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182 3. Those who have no course yet
Page 184:
184 ……….……..…..……
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