Preface

71
“Whereas it is established that Momodou Gaye (Deceased) and
Matty Gaye (Deceased) were entitled to equal share of No. 2
Mantel Street Banjul having been the property of their late father
Baboucar Gaye, a request is made by the children of the latter to
value ½ share of the above property which was their mother’s
entitlement.”
From the foregoing, it is crystal clear that property No. 2 Mantel Street
Banjul which formed the basis of distribution appealed against was the property of
one Baboucar Gaye; the maternal grandfather of the appellant and the respondents.
The said Baboucar Gaye was survived by Momodou Gaye and Matty Gaye who
shared the property on half-and-half basis and out of Matty Gaye’s half the parties
to this appeal are now sharing. All these are factual issues that need resolution by
evidence. How a brother and a sister were entitled to half each from the estate of
their deceased mother and the children of that sister (i.e. the appellant and the
respondents) are now sharing her half are all factual issues which must be proved
by credible evidence.
For the fundamental defects in the proceedings of the lower court
enumerated above, this appeal succeeds. The decision of the lower court dated 16 th
January, 2011 is hereby set aside. An order for retrial is hereby made before the
same court strictly in line with the Islamic law principles highlighted above.
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(Singed): Justice Omar A. Secka
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(Signed): Justice A. S. Usman
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(Signed): Alh. Ousman Jah
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(Signed): Alh. Masohna Kah