Preface

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92 allegation as stated in the Hadith of the prophet where he said: (proof is on the plaintiff while the defendant is to take an oath). 4- That the decision of the lower court the money given to Assan Sarr is a given as a gift is hereby set aside and same is hereby converted as his right share from the estate. 5- That the distribution of the three compounds is hereby set aside and same is hereby ordered to be re-distributed afresh with Assan Sarr included in the distribution as a legitimate child among the beneficiaries. The appeal succeeds 24 th / 3/ 2011 ………………………………….…… (Signed) Hon Justice Omar A. Secka ………………………………….. (Signed) Alh. Essa F. Dabo ……………………………… (Signed) Sering M. Kah
93 UIN THE HIGH COURT OF THE GAMBIA UIN THE CADI APPEALS PANE UHOLDEN AT BANJUL APPEAL NO. AP/ 1/2011 BETWEEN: ROHEY CEESAY……………………………………………..…APPELLANT AND: FATOU K. CEESAY & 2 OTHERS………..…..…………….RESPONDENT {Before: Justice Omar A. Secka Chairman, Justice T.Y. Yakasai , Essa F. Dabo Panelist & S. Y. Kah Panelist at Banjul on Thursday, March 24, 2011} UPRINCIPLES: 1. We cannot be justified to punish the applicant who is not knowledgeable in law for the negligent act of a professional lawyer. It is trite that the court cannot visit the sin of the counsel on the litigant. See Alhaji Alhassan Maiwarwaro VS. A'ishatu Garba & 1 or (2207) 3 SLR PT IV Page 237 2. Based on these reasons coupled with the fact that this is a Sharia Appeal where emphasis is placed on doing substantial other than technical justice, we were of the view that the interest of justice in the particular circumstances of this case leans more on the side of granting the application for extension of time and deeming the appeal as filed within time and we so hold. 3. It is trite that the rules of court or procedure are not made just for the sake of making but in order to be followed by the courts concerned and to be
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2 PREFACE In the name of God, the M
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4 CONTENTS S/No. Contents Pages 1.
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6 7. Yorro Fatty Vs Lama Bah AP/17/
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8 orders. Sheikh Hydara Vs Yandeh N
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10 18. PRACTICE & PROCEDURE: Burden
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12 10. Almustasfa Min Ilmil Usul By
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14 4. Mafolatu Vs Usain Akanbi Ita
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16 UIN THE HIGH COURT OF THE GAMBIA
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18 UIN THE HIGH COURT OF THE GAMBIA
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20 according to the principles of S
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22 4. The residue of an estate alwa
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24 and she was very small so she wa
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26 Secondly, we accepted the decisi
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28 Musa Sabily shall have D112962.5
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30 5. Evidence is invalidated if sh
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32 disputing the right of these peo
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34 estate among his heirs, this pro
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36 This Panel has gone through the
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38 Shares: Share: 1. 10 7 27 D175,0
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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 48 and 49: 48 UIN THE HIGH COURT OF THE GAMBIA
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 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 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 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
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144 reverted to Christianity, in th
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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
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154 But at the same time if the sai
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156 Islamic Law. His interest in th
Page 158 and 159:
158 contradict the provision of Sha
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160 ISSUE NO. 1 (Whether or not the
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162 before Banjul Cadi Court in the
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164 ''Two conditions are essential
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166 the court particularly the dist
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168 UIN THE HIGH COURT OF THE GAMBI
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170 UIN THE HIGH COURT OF THE GAMBI
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172 This is an appeal against the j
Page 174 and 175:
174 For the second witness Mr. Lami
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176 built up together there is a th
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178 1. Whether it took place on 22
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180 Meaning: reconciliation is perm
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182 3. Those who have no course yet
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184 ……….……..…..……
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