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58 the rate of D8,250.00 and D25.00 daily thereafter. In addition, the lower court ordered the appellant to pay the sum of D800.00 for the three menstrual periods. It is against this background that the appellant appealed to this court upon the following grounds: 1. That the judgment was wrong in law know that the appellant was not given the chance to narrate his side of the story which contravenes the law of natural justice and equity. 2. That the order by the Cadi for the appellant to pay to the respondent the sum of D8,250 as maintenance plus another sum of D825.00 as iddah is wrong in both law and the Sharia. 3. That the court was wrong in believing the evidence of the respondent that she had not seen me for one year was based on nothing but the mere fabrication by the respondent and I have witness to prove otherwise. 4. The judgment was against the principles of equity, natural justice, fair hearing and the Sharia. The appeal came up for mention on 28/1/2011 with all the parties in court from which date the same was adjourned to 24/2/2011 for hearing. On 24/2/2011 when the appeal came up for hearing the appellant was in court but the respondent was absent. The Panel would have continued with the hearing in the absence of the respondent in line with Order 7 Rule 22 (1) of the rules of this court since there is no any cogent reason before the Pane excusing her absence. The appellant however informed the court that he intends to withdraw his appeal pursuant to a family meeting they held in that respect that the continued prosecution of the appeal would not be in the interest of the family. He further
59 informed the court that he had written a letter to that effect which letter could not be traced in the case file. Court will not force an unwilling litigant to continue with prosecution of his case which he intends to withdraw. Based on the application of the appellant to withdraw his appeal, this Appeal No. AP/17/2010 is hereby struck out pursuant to Order 28 of the Cadi Appeals Panel Rules 2009. .…………………………..…. (Signed): Justice Omar A. Secka ………………………………. (Signed): Justice A. S. Usman ……………………………… (Signed): Essa F. Dabo .………………….…………… (Signed) Siringe M. Y. Kah
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2 PREFACE In the name of God, the M
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4 CONTENTS S/No. Contents Pages 1.
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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 54 and 55: 54 From the totality of the foregoi
Page 56 and 57: 56 for joinder as an interested par
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
Page 104 and 105: 104 '' Under Islamic Law, the subje
Page 106 and 107: 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
Page 150 and 151:
150 ……….……..…..……
Page 152 and 153:
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 170 and 171:
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
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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
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184 ……….……..…..……
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