Preface

86
Mr. Ousman Sarr (paternal brother of the late) said that there is also another
illegitimate child who is Assan Sarr. But before he raised the matter he requested
from the family to give a gift to all of them but they refused to do so. From that
time he claimed that Assan Sarr was born before the marriage took place between
the late and the mother of Assan Sarr. But when he said that all of the family
denied it and refused to answer. Myself I did not take any step. But when Ousman
Sarr claimed this in the lower court, the court did not take it into consideration.
From there he told the court that he will never come back if they don’t believe him.
From there the court proceeded and distributed the property and included Assan
Sarr but did not give Omar and Malick Sarr any share. Later on the court turned
back to say that Assan Sarr is an illegitimate child to the late and excluded him
from the compound. The respondent submitted the distributing document to the
appeal panel as an exhibit.
The panel after hearing from both parties and their lawyers, and reading
carefully the grounds of appeal and the documents tendered, it has found that
lawyer Sisoho focused on inquiring to know why the lower court in its judgment
included Assan Sarr in the distribution of cash money and excluded him from the
compounds?, whether that was based on Sharia or not?
And in the other way round:
1- Did the lower Court follow the correct procedure to finalize Assan’s
legitimacy? Or the Court only agreed on what was claimed by Ousman Sarr?
2- Did the lower Court base have any legal ground to give some beneficiaries
their share and exclude others?
3- And the way lower court gave this amount of money which is D 136, 994.00
as a gift is it the correct way to give out gift in Islamic law?