Preface
Preface
Preface
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80<br />
JUDGMENT<br />
Written & delivered by Justice Omar A. Secka<br />
This appeal is against the decision of the Cadi court of Kanifing, as presided<br />
over by Senior Cadi Alh. Masamba Jagne and assisted by Cadi Saikou Touray,<br />
Cadi Abubacarr B. Touray and Cadi Elman Ceesay on the two stages distribution<br />
of the estate of the late Pa Modou Sarr of Dippa Kunda among his beneficiaries:<br />
1- A distribution of the deposited cash money at Islamic Bank.<br />
2- A distribution of the late three compounds.<br />
The judgment of the lower court gave 1/8 of share to the widow and the<br />
residue to the children where the male will have two share of the female. The<br />
lower Court based its distribution of the three compounds on the report from the<br />
valuer Mr. Wally Ndurr an expert from the Ministry of Local Government and<br />
Lands which is as follows:<br />
1- An empty land property at Lamin Kombo North District valued at D<br />
364,500.00 with land area of 781.75 sqm.<br />
2- Developed land property at Lamin with land area of 2,876.76 sqm and<br />
valued at D950, 000.00.<br />
3- Land property at Kanifing No. A121 Kanifing estate valued at D1,<br />
609,000.00 total value of the whole estate = D2, 923,500.00.<br />
And it was revealed in the records of proceedings of the lower Court on page 7<br />
dated 10 th / 9/ 2009 that the late has left the following:<br />
1. Three compounds<br />
2. One wife called Neneh Sarr and