Preface

85
And on what reflected in the records that Assan Sarr was given an amount of
cash money from the estate as a gift that is not true. But what was given to him was
his right share from the estate. There is another son who was said to be a child out
of wed lock, but that issue was not raised before the lower Court because that other
one mentioned has no close relative in that family compared to Assan Sarr who
has close relationship in the family, because Aja Ida Sarr is a relative to Assan
Sarr’s mother.
Touray concluded his reply by saying that Mr. Ebrima Garba Sarr was given
an amount of money as a gift for his efforts in helping the family for the compound
document transactions. But when the court asked them about the gift for that
illegitimate child, my client agreed to give him, but the rest of the family refused
that.
Finally Mr. Touray further requested from the appeal panel to conduct
proper inquiry about the claim that the child is out of wed lock by calling witnesses
on that matter.
The respondent on the other hand on 10 th / 3/ 2010 stated the following
before the panel: I want to say what the truth according to my knowledge is. When
I came to my late husband, I found all of these children were born. My husband’s
first wife was called Binta Jammeh. They got only one child called Fatou Sarr then
they separated and he married Mamy Saine the mother of Assan Sarr. When I got
married to the late husband his relatives used to tell me the story of Assan, Omar
and Malick Sarr. When I sued them to lower court I have never raised any claim
about legitimacy or illegitimacy of any of them. But Ebrima and Haddy Sarr’s
paternal brother and sister of my late husband are the ones who raised this matter
there, saying that Omar and Malick Sarr were not born in wed lock. From that time