Preface

91
issue from the family, but I have said that before the lower Court in the presence of
the family, and that my step father Waka Sarr knows this very well, but he failed to
say it before the Court. He also mentioned in the letter that he absented from the
Court due to the heath condition.
After reading the letter to both parties, the lawyer Sisoho objected to it by
saying the following:
1- It is not possible for the Appeal Court to depend on this letter.
2- That nobody witnessed on this letter.
3- Nobody knows whether the thump print is for Ousman or not?
Based on this fact we cannot constitutionally depend on this letter, especially that it
said Mr. Ousman Sarr has a stroke he cannot even shake his lips.
After reading the grounds of appeal and hearing from both parties, calling
the plaintiff Mr. Ousman to appear in person before the court to prove his claim,
but he failed to do so and the sitting has been adjourned for several time in order to
give him enough chance to come and prove his claim but all to no avail, this court
decides as follows:
1- That the lower Court did not confirm first the number of the beneficiaries
before the distribution of the property of the late Pa Modou Sarr.
2- That the decision taken by the lower Court concerning excluding the said
Assan Sarr from the beneficiaries of the late Pa Modou Sarr is set aside, due
to lack of evidence to support that decision neither before the lower court
nor before this court.
3- That the letter sent to the Appeal Court by Mr. Ousman Sarr is rejected
because it cannot the required evidence in Sharia for the proof of that