Preface

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3- Electrical milling machines page 11
4- Clothes as in page 2.
All the properties are mentioned in different pages others were revealed after
when the lawyer Mr. Borry Touray asked question about them. That Court has to
inquire into all these before distribution as it is stated in “Ihkam Ahkam page 210”
(there are three pillars for sharing: the money (property) left by the late, and
how much every beneficiaries is to inherit and know who should inherit and
who is not.)
The lower Court did not verify the numbers of the children as revealed from
the statement of the plaintiff on page I that their numbers are ten, and on page 7 of
the record that their numbers are 8 including the appellant. The Court was to make
sure about the number of the children, because knowing the cause of the
relationship is one of the measures required to be taken in an inheritance case like
the three cause of inheritance. That what entitles a person to inherit are three,
namely marriage, affinity and freedom from slavery by the beneficiary. There are
no other grounds apart from these.
Coming back to the grounds No. 1, 2, 3, which are touching on whether the
correct procedure was followed by the lower Court concerning the legitimacy of
Assan Sarr. The Court based its verdict of illegitimacy of Assan Sarr on what his
step Father Ousman Sarr has said. In this matter the plaintiff must clarify this point
which is a basic principle, because it seems that the late said Pa Modou Sarr and
Mamy Saine are accused of committing adulatory by giving birth a child out of
wed lock. That being the matter Ousman Sarr who accused them is to support his
claim by bringing four witness as Allah said in the Holy Quran: ( and those who
accused chaste women, and produce not four witnesses, flog them with eighty