Preface

84
4- That if the appeals Court will inquire into the lawfulness of the said child
they will therefore have to refer the matter to another Court not the previous
Court where the decision was made. based on that lawyer Sisoho supported
his claim by tendering a counter affidavit which stated on which paragraph
numbers 5, 6, 7, 8, 9, 10, 11 deposed to the following:
5- It is not correct that Assan Sarr received monies as gift from the family.
6- Assan Sarr received his full share of the menus as beneficiary.
7- There was never mention of Assan Sarr not been beneficiary at that stage.
8- It is also a fact that an inquiry was not held to determine Assan Sarr.
9- At one stage of the proceeding the issue was mention by Ousman Sarr.
10- He was challenge immediately by all members of the family who were
present.
11- The cadi and his panel did not pursue mater.
Lawyer Borry Touray on the other hand on behalf of the respondent
submitted as follows:
I was present before Cadi Court in Kanifing when the issue of Assan was raised
that he was born out of wed lock by his step father Mr. Ousman Sarr. He said he
was informed by the late himself, that he the late had married Assan Sarr’s mother
while under pregnancy, but the relatives who were present in that sitting all refused
that claim. But the lower Court failed to record these statements therefore it is
incumbent on my colleague Mr. Sisoho to submit an affidavit on that matter.