Preface

57
UIN THE HIGH COURT OF THE GAMBIA
UIN THE CADI APPEALS PANE
UHOLDEN AT BANJUL
APPEAL NO. AP/17/ 2010
BETWEEN:
YORRO FATTY……………….. …………………..…..………... APPELLANT
AND:
LAMA BAH……….. …………………………………......…...…RESPONDENT
{Before: Justice Omar A. Secka Chairman, Justice A. S. Usman, Essa F. Dabo
Panelist & Siringe M. Y. Kah Panelist at Banjul on Thursday, February 24, 2011}
UPRINCIPLES:
1. Court cannot force an unwilling litigant to continue with prosecution of his
case which he intends to withdraw.
URULING
Ruling written and delivered by Justice A. S. Usman
This is an appeal against the judgment of Cadi Court of Brikama as presided
over by Lamin Essay...in suit No. 28 dated 30/11/2010
The respondent sued the appellant before the lower court for abandonment.
That the respondent her husband abandoned her for about a year effective from
January 2010 without anything to maintain her. That he used to give her D50.00
every two days but at times when he paid once he would disappear for two months.
The lower court after hearing from the parties passed its judgment to the
effect that the appellant pay to the respondent the accumulated arrears of feeding at