Preface

65
on that ground, she cannot trace any enforceable right to the structures on the
property.
Having carefully listened to the arguments of both the appellant and the
respondents based on the grounds of appeal filed, one issue arises for
determination, namely whether the proceedings of the lower court, as reflected on
its record of proceedings placed before this panel, has satisfied the basic
requirements of a valid trial under Islamic Law? In determining this, recourse must
be had to:
(a) Whether there was a valid claim before the lower court?
(b) Whether the claim has satisfied the requirement of proof under Islamic law
and
(c) Whether the valuation of D382, 123.00 upon which the distribution was
based was in order?
The claim which was commenced and ended on 6 th January, 2011 reads thus:
“The Plaintiff: I am to summon my brother and sisters whom are 1-
Lamin Faye 2- Mbaye Faye 3- Sereg Faye 4- Ida Faye. I had dispute
with them concerning my share from the estate of our late mother
share from the estate in fact they refuse to distribute the estate up to
date.”
Order XXIII Rule 111 of the Cadi Courts (Civil Procedure) Rules 2010
(hereinafter called “the rules”) provides that the practice and procedure of the court
shall be conducted in accordance with the rules of Islamic Law. In Ihkamul
Ahkam; (commentary on Tuhfa) by Alkafi Chapter 2 (which deals with pillars of
judgment and matters related thereto) page 12 it is provided that the subject matter
of litigation must necessarily satisfy two basic requirements, to wit, identifiability