Preface

73
This is an appeal against the decision of Budung Cadi Court between Alieu
Barry plaintiff /appellant and Fatoumata Daffey Defendant respondent.
The gist of the appeal briefly is that the appellant instituted an action against
the respondent his {former wife} after narrating how their marital life was up to
the time of divorce and subsequent delivery of baby girl by the respondent.
The appellant basically claimed 2 things:
1. Confirming paternity of the baby girl delivered by the respondent to him.
2. Sustaining the name he chose for the baby girl delivered by the respondent
as Naffy Barry see page 1 of the lower Court translated copy.
The defendant / respondent re-acting to the claim of the appellant narrated
her own story, and the relevant portion for the purpose of this appeal is that the
appellant deserted her and initially rejected the pregnancy of the said baby girl i.e
Naffy Barry but latter on accepted the pregnancy and named the Baby girl Naffy
Barry. Due to disagreement between the appellant and the respondent parent
regarding maintenance of the pregnancy, the respondent parent changed the name
of Naffy Barry to Mariama Barry, the lower Court at the conclusion of the hearing,
gave judgment inter-alia confirming the paternity of Naffy Barry to the appellant
and ordered him to pay D4,500.00 as arrears of maintenance of his pregnancy
to the respondent as well as paying D300 monthly for maintenance of his daughter
Naffy Barry.
Dissatisfied with the decision of the lower Court, the appellant appealed to
this Honorable Court and filed 4 ground of appeal along with 2 prayers as follow:-
1. That the order made by the Cadi that the appellant should pay the respondent
the sum of D4, 500.00 as maintenance is wrong because the Cadi fail to
consider the means of the appellant