Preface

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18. PRACTICE & PROCEDURE: Burden of proof on whom lies –
Distribution of Estate of the deceased, conditions for validity – Duty of
court to ensure equal treatment of litigants – Share of a widow vis-a-vis
that of the children how determined. Musa Sabily Vs Hassana Baye
(2011) 1 GSLR P. 6
19. PRACTICE & PROCEDURE: Appeal to be filed within 30 days from
date of decision – When Appeal is out of time, proper steps to take – The
effect of Order III Rule 13 of the Cadi Appeals Panel Rules 2009 is that no
appeal without enlargement of time – Non laying of hand by counsel on
record of proceedings whether an excuse for court to assume jurisdiction
over an appeal that is out of time. Baba Lowe & Ors Vs Redwan Lowe &
Ors (2011) 1 GSLR P. 138
20. PRACTICE & PROCEDURE: A claim must stisfy two basic conditions
before it can qualify as an issue for adjudication – Order 7 Rule 77 (2) of
the Cadi Courts (Civil Procedure) Rules 2010 imposes two additional
conditions where the claim involves distribution of estate. Edy Tourey Vs
Alhaji Malick Gaye & 5 Ors (2011) 1 GSLR P. 136
21. PRACTICE & PROCEDURE: Absence of counsel in court to move his
application, proper steps to take in the circumstance. Dodou Tourey & 1
Other Vs Badou Senghore & 1 Other (2011) 1 GSLR P. 153
22. PRACTICE & PROCEDURE: Failure of Cadi Court to afford the parties
an opportunity to reconcile whether a ground for overturning its decision
on appeal – Where a man tells his wife “I prefer to go to hell than to
retain this woman in marriage” whether that is tantamount to divorce in
Islamic Law – Long time marriage between husband and wife whether in
law a bar for divorce – After completion of Iddah whether a divorced