Preface

95
6. The consequential effect of absence of the required and valid application for
distribution of estate before a Cadi court is so grave that it exposes the
whole proceedings of the lower court particularly the distribution of the
deceased's estate face to face with annulment under rule 77(4).
7. That it is a legal requirement that the heirs must prove the death, the heirs
and estate of the deceased as it is provided on page 179-180 of the famous
book of Islamic law of procedure (IHKAMUL AL AHKAM ALA TUHFATUL
HUKKAM). Not a single witness was called in the whole proceedings of the
court. This is a serious, fatal and an incurable error which results in
vitiating the whole proceedings of the court as confirmed on page 224 of the
book of Bahjah.
8. That the legal consequence of failure to observe the procedure of I’izari is
that the whole proceedings become a nullity. Hakimin Boyi Umar Vs
A’isha Bakoshi (2006) 3 SLR Pt 1 P.80. Despite this devastating
consequence which results in rendering the whole proceeding of a court void
the lower court did not apply it in the instant case.
JUDGEMENT
Written and delivered by Justice T. Y. Yakasai
This is an appeal against the judgment of Banjul Principal Cadi Court in a
suit No BIC 01/12/09, between Rohey Ceesay as Plaintiff and Fatou Cessay, Amie
Nije, Rematoulie Nije Ndow as Defendants. The plaintiff's claim as it appears on
page one of the record of proceedings at our disposal is:
''I came here to call these people that our husband has died and I
want for the court to distribute the estate. He has left 3 compounds