Preface

62
The claimant’s oath in (c) and (d) above complements the second
witness which cannot be found by the plaintiff to establish his claim
before the court.
(e)
(f)
Where the plaintiff has proved his case as outlined above, the
defendant is asked to defend the case by calling witnesses to disprove
or dislodge the plaintiff's claim in line with the procedure for proof
adopted by the plaintiff above.
After this the court then analyses the totality of the evidence adduced
by the two sides and passes its judgment accordingly. See on this the
case of Dahiru Gaya Vs Uwani (2007) 3 S. L. R. PT IV page 138.
JUDGMENT
Written and delivered by Justice A. S. Usman
This appeal emanated from the Cadi Court of Banjul (hereinafter called “the
lower court”). The appellant and the respondents were said to be maternal brothers
and sisters. The appellant herein sued the respondents for distribution of No. 2
Mantel Street, Banjul (hereinafter called “the property”) which their mother
inherited from her father Momodou Gaye.
The lower court based its distribution on D382, 123.00 as the value of the
property which figure this panel could not fish out from the record how it was
arrived at since there was no evidence before the lower court from the proceedings
of 6th January 2011, when the case started and ended, to resolve this. The females
and males were each to get a share of D54, 589.00 and D109, 178.00 respectively
based on the principle that to the male double the share of a female.