Preface

83
were not in the records to know whether they were distributed or not; it was only
said that the late has three compounds and they are distributed, but how they were
distributed was not mentioned. For that being the matter we cannot follow up the
complaint in the particular issue.
Again the lawyer Sisoho argued that his client Assan was revealed in the
records that he was born out of wed lock, and that is a big mistake done by the
lower Court, when they decided without evidence taken before the court on that
matter, and there was no correct procedure on it.
Since the Court has already given him his right share in cash and later turned
to say he is born outside wedlock. Then my client was considered as an illegitimate
child based on his step father’s claim. I am appealing to the Court to take the
proper procedure for this matter. In fact there was a point which was not reflected
in the records but I was informed by my client that when the issue of illegitimacy
was brought out to the Court, it was denied by all family members whose among
them: Mr. Ebrima Sarr (the step father of the beneficiaries) and their auntie Aja Ida
Sarr, Kaddy Sarr and Waka Sarr who happened to be the step father of the late.
Indeed lawyer Sisoho summarized his statement in the following manner:
1- That the lower Court decision was wrong and unlawful when it gave share to
the other while it prevented others from having their right share based on
unknown reason.
2- That the manner the three properties were shared did not reflect into the
records.
3- That the matter of legitimacy or illegitimacy of Assan Sarr must take
proper procedure before any decision will be taken.