Preface
Preface
Preface
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60<br />
UIN THE HIGH COURT OF THE GAMBIA<br />
UIN THE CADI APPEALS PANE<br />
UHOLDEN AT BANJUL<br />
APPEAL NO. AP/ 4/2011<br />
BETWEEN:<br />
FATOU FAYE…………………………………………………….APPELLANT<br />
AND:<br />
SIRANDOU FAYE & 3 OTHERS……………………….….RESPONDENTS<br />
{Before: Justice Omar A. Secka Chairman, Justice A. S. Usman, Alh. Ousman Jah<br />
Panelist and Alh. Masohna Kah Panelist at Banjul on Tuesday, March 8, 2011}<br />
UPRINCIPLES:<br />
1. For a claim to be valid in Islamic law trial it must satisfy two basic<br />
conditions, to wit, (a) the subject matter must be tangible and identifiable<br />
and (b) must be supported with a detailed explanation of how it accrued.<br />
2. The plaintiff’s statement of claim under Islamic law however strong and<br />
convincing cannot constitute evidence. Evidence must be led to support. It’s<br />
akin to pleadings in common law system where same is deemed abandoned<br />
if no evidence is led on it.<br />
3. A trial court must decide a case on the strength of legal evidence adduced<br />
before it and where it has failed to follow this course, as it is in the instant<br />
case, an appeal court will have no option than to interfere with its decision.<br />
4. What distinguishes a Cadi from other stakeholders in the arena of dispute<br />
settlement is the evidence upon which his decisions are based and founded.