Preface

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8 orders. Sheikh Hydara Vs Yandeh Njie (2011) 1 GSLR P. 3 7. JURISDICTION: Necessity of ensuring that a Cadi Court has jurisdiction over the matter that is before it - Where no jurisdiction, effect thereof - Who may appeal against the decisions of District Tribunals in the Gambia in case involving Sharia law? - Where a person, not being a party, has an interest in a case before a Cadi Court or Cadi Appeals Panel, the proper procedure to take to entitle him to defend. Maryama Camara Vs Yoroo Camara (2011) 1 GSLR P. 33 8. JURISDICTION: Inherent jurisdiction of Cadi Courts to entertain cases of ejectment of a divorced wife who has refused to park out after iddah – Waiting period of a divorced pregnant woman extinction thereof – Entitlements of a divorced pregnant woman – Whether a divorced woman has right to be accommodated by her erstwhile husband after her iddah. Khaddy Samura Vs Kawsu Kijera (2011) 1 GSLR P. 102 9. JURISDICTION: Where there are two or more issues pending before a court one of which picks hole in its jurisdiction, the proper steps to take in the circumstance – Challenge of jurisdiction can be raised at any stage of proceedings – Cadi Courts in the Gambia have no jurisdiction over landed Properties - Where no jurisdiction all subsequent steps taken by the court have become baseless and without foundation. Edy Tourey Vs Alhaji Malick Gaye & 5 Ors (2011) 1 GSLR P. 136 10. JURISDICTION: Cadi Courts in the Gambia have no jurisdiction to entertain cases concerning joint ownership of landed properties. Kala Kaita & 7 Others Vs Mustapha Dampha (2011) 1 GSLR P. 154
9 11. PRACTICE & PROCEDURE: Sleeping over one’s right in Islamic Law, effect thereof. Omar Secka Vs Mamie Secka & Others (2011) 1 GSLR P. 1 12. PRACTICE & PROCEDURE: Claim for recovery of a debt against a dead person, what the claimant must prove - Estates in Islamic Law how divisible - Evidence which is shrouded in doubt, effect thereof. Aji Hauwa Sillah Vs Aji Fanta Drammeh (2011) 1 GSLR P. 14 13. PRACTICE & PROCEDURE: Inheritable property which is divisible for purposes of distribution whether monetary compensation is acceptable to forgo that. Aji Tide Ceesay Vs Modu Njie (2011) 1 GSLR P. 26 14. PRACTICE & PROCEDURE: Mere allegation of illegitimacy effect thereof - Necessity of proving the death, estate and the beneficiaries of a deceased person in Sharia and effect of non compliance. Assan Sarr Vs Nene Sarr (2011) 1 GSLR P. 64 15. PRACTICE & PROCEDURE: Application to withdraw a pending appeal, attitude of court thereof. Yorro Fatty Vs Lama Bah (2011) 1 GSLR P. 42 16. PRACTICE & PROCEDURE: Who is a plaintiff? – Plaintiff (or Appellant) can discontinue his case/appeal at any stage of proceedings. Babucar Banjinka & 5 Ors Vs Landing Banjinka & 3 Ors (2011) 1 GSLR P. 130 17. PRACTICE & PROCEDURE: Conditions precedent for a valid marriage under Islamic Law – Effect of admission in Islamic law trial – Three (printed) pages of the submission of the appellant in the record of proceedings evidence of fair hearing. Michel Silva Vs Baba Dembajang (2011) 1 GSLR P. 116
Page 2 and 3: 2 PREFACE In the name of God, the M
Page 4 and 5: 4 CONTENTS S/No. Contents Pages 1.
Page 6 and 7: 6 7. Yorro Fatty Vs Lama Bah AP/17/
Page 10 and 11: 10 18. PRACTICE & PROCEDURE: Burden
Page 12 and 13: 12 10. Almustasfa Min Ilmil Usul By
Page 14 and 15: 14 4. Mafolatu Vs Usain Akanbi Ita
Page 16 and 17: 16 UIN THE HIGH COURT OF THE GAMBIA
Page 20 and 21: 20 according to the principles of S
Page 22 and 23: 22 4. The residue of an estate alwa
Page 24 and 25: 24 and she was very small so she wa
Page 26 and 27: 26 Secondly, we accepted the decisi
Page 28 and 29: 28 Musa Sabily shall have D112962.5
Page 30 and 31: 30 5. Evidence is invalidated if sh
Page 32 and 33: 32 disputing the right of these peo
Page 34 and 35: 34 estate among his heirs, this pro
Page 36 and 37: 36 This Panel has gone through the
Page 38 and 39: 38 Shares: Share: 1. 10 7 27 D175,0
Page 40 and 41: 40 …………………………
Page 42 and 43: 42 at Street 45 Stanley Banjul belo
Page 44 and 45: 44 “I was called there in the cou
Page 46 and 47: 46 About the submission by the appe
Page 50 and 51: 50 house of one Kebba Kebbeh at San
Page 52 and 53: 52 a while and satisfy itself on wh
Page 54 and 55: 54 From the totality of the foregoi
Page 56 and 57: 56 for joinder as an interested par
Page 58 and 59:
58 the rate of D8,250.00 and D25.00
Page 60 and 61:
60 UIN THE HIGH COURT OF THE GAMBIA
Page 62 and 63:
62 The claimant’s oath in (c) and
Page 64 and 65:
64 Islam to exclude her from the va
Page 66 and 67:
66 of the subject matter of the cla
Page 68 and 69:
68 The above issues were not proved
Page 70 and 71:
70 how well conducted. The non-comp
Page 72 and 73:
72 UIN THE HIGH COURT OF THE GAMBIA
Page 74 and 75:
74 2. That the change of name was w
Page 76 and 77:
76 she confirmed what the appellant
Page 78 and 79:
78 On this note, we hereby declared
Page 80 and 81:
80 JUDGMENT Written & delivered by
Page 82 and 83:
82 2- That the exclusion of Assan S
Page 84 and 85:
84 4- That if the appeals Court wil
Page 86 and 87:
86 Mr. Ousman Sarr (paternal brothe
Page 88 and 89:
88 Rules 2010 which states that: Su
Page 90 and 91:
90 stripes, and reject their testim
Page 92 and 93:
92 allegation as stated in the Hadi
Page 94 and 95:
94 guided by their provisions with
Page 96 and 97:
96 properties one in Allen street o
Page 98 and 99:
98 the appellant. As such the appli
Page 100 and 101:
100 I find no difficulty in resolvi
Page 102 and 103:
102 same way other cases are commen
Page 104 and 105:
104 '' Under Islamic Law, the subje
Page 106 and 107:
106 R. 77 (4) Any distribution of a
Page 108 and 109:
108 single witness was called in th
Page 110 and 111:
110 before judgment is entered agai
Page 112 and 113:
112 A judge shall on no account rel
Page 114 and 115:
114 these primary sources of Islami
Page 116 and 117:
116 same lower court (Principal Cad
Page 118 and 119:
118 4. The appellant being pregnant
Page 120 and 121:
120 that she was not given the oppo
Page 122 and 123:
122 their marriage was done by the
Page 124 and 125:
124 (c) That when the appellant was
Page 126 and 127:
126 This obligation is however deem
Page 128 and 129:
128 UIN THE HIGH COURT OF THE GAMBI
Page 130 and 131:
130 shall be filed within thirty da
Page 132 and 133:
132 4. The fact that the appellant
Page 134 and 135:
134 1. Fatou Dembajang- 4 years 2.
Page 136 and 137:
136 1. Transfer the right of custod
Page 138 and 139:
138 subsisting marriage between me
Page 140 and 141:
140 At this juncture we requested t
Page 142 and 143:
142 cover and having observed what
Page 144 and 145:
144 reverted to Christianity, in th
Page 146 and 147:
146 Pursuant to section 137A (6) of
Page 148 and 149:
148 3. The applicants violated the
Page 150 and 151:
150 ……….……..…..……
Page 152 and 153:
152 clearly defined and limited the
Page 154 and 155:
154 But at the same time if the sai
Page 156 and 157:
156 Islamic Law. His interest in th
Page 158 and 159:
158 contradict the provision of Sha
Page 160 and 161:
160 ISSUE NO. 1 (Whether or not the
Page 162 and 163:
162 before Banjul Cadi Court in the
Page 164 and 165:
164 ''Two conditions are essential
Page 166 and 167:
166 the court particularly the dist
Page 168 and 169:
Page 170 and 171:
Page 172 and 173:
172 This is an appeal against the j
Page 174 and 175:
174 For the second witness Mr. Lami
Page 176 and 177:
176 built up together there is a th
Page 178 and 179:
178 1. Whether it took place on 22
Page 180 and 181:
180 Meaning: reconciliation is perm
Page 182 and 183:
182 3. Those who have no course yet
Page 184:
184 ……….……..…..……
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