Preface
Preface
Preface
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81<br />
3. Eight (8) children, namely:<br />
1. Fatou Sarr whose mother was the late Binta Jammeh.<br />
2. Assan Sarr whose mother was the late Mamy Saine ( Asan Sarr was born<br />
out of marriage)<br />
3. Kaddy Sarr<br />
4. Isatou Sarr<br />
5. Gibril Sarr<br />
6. Ousman Sarr<br />
7. Wak Sarr and<br />
8. Modou Sarr.<br />
Again at page 7 of the record of the lower court Ousman Sarr said that Assan<br />
Sarr is not a legitimate son and that there are two sons who the late did not marry<br />
their mothers. And it seen in the same page that Assan Sarr was given an amount<br />
of D136,994.00 as a gift not as his share from the estate. This was done based on<br />
agreement of the beneficiaries.<br />
When this judgment did not satisfy the appellant he appealed against it vide<br />
a Notice of Appeal dated 12 th / 8/ 2010 to this Panel on the following grounds:<br />
1- That the way the Cadi distributed the estate of the late Pa Modou Sarr<br />
among the inheritors was wrong and against the rules of the Sharia and<br />
equity, in the sense that Assan received his share in the monitory aspect<br />
but was excluded when it came to distribute the properties among the<br />
inheritances.