Preface

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6 7. Yorro Fatty Vs Lama Bah AP/17/2010 8. Fatou Faye Vs Sirandou Faye & 3 Others AP/ 04/2011 9. Alieu Barry Vs Fatoumata Daffey AP/05/2011 10. Assan Sarr Vs Nene Sarr AP/13/2010 11. Rohey Ceesay Vs Fatou K. Ceesay & 2 Others AP/01/2011 12. Khaddy Samura Vs Kawsu Kijera AP/06/2011 13. Sankung Ceesay Vs Bakary Ceesay AP/09/2011 14. Michel Silva Vs Baba Dembajang AP/08/2011 15. Babucar Banjinka & 5 Ors Vs Landing Banjinka & AP/13/2011 3 Ors 16. Baba Lowe & Ors Vs Redwan Lowe & Ors AP/11/2011 17. Edy Tourey Vs Alh. Malick Gaye & 5 Ors AP/12/2011 18. Dodou Tourey & 1 Other Vs Badou Senghore & 1 AP/10/2011 Other 19. Kala Kaita & 7 Ors Vs Mustapha Dampha AP/10/2011 INDEX OF SUBJECT MATTER S/NO SUBJECT MATTER 1. APPEAL: Appeal not proper before the panel, proper order to make – Appellant out of time to appeal procedure to be adopted – Appeal to be directly against the judgment of the Cadi Court which passed the judgment and not against the Chief’s Court which enforced it. Sankung Ceesay Vs Bakary Ceesay (2011) 1 GSLR P. 113
7 2. CUTODY OF CHILDREN: Who has right of custody over a female child and the right to name her at birth? - In determining the amount of maintenance, what the court should consider. Alieu Barry Vs Fatoumata Daffey (2011) 1 GSLR P. 57 3. CUSTODY OF CHILDREN: Custody of child born outside wedlock compared to the one born in wedlock how determined – Custody of children under Islamic law who takes it on death of a husband or separation of spouse by divorce – Custody of children under Islamic law condition precedent – Custody of children under Islamic law disqualification thereof. Michel Silva Vs Baba Dembajang (2011) 1 GSLR P. 116 4. EVIDENCE: Condition which a valid claim must satisfy in Sharia - The necessity of giving evidence in Sharia to prove a claim no matter how strong is the claim - Court to decide only on the strength of evidence adduced - Burden of proof in Islamic law on whom it lies? Effect of non discharge of such burden - The procedure for conducting a trial under Islamic law. Fatou Faye Vs Sirandou Faye 7 3 Others (2011) 1 GSLR P. 45 5. EVIDENCE: Mistake of a counsel effect on client - Rules of Court are meant to be obeyed, effect of violating same - A claim must be clear apt and unambiguous - Where the claim is for distribution of estate of a deceased, the necessity of attaching a valuation report - Effect of not having a valid application for distribution of estate of a deceased - The necessity of proving the death, the heirs and the estate of a deceased by the heirs in an inheritance case - Consequences of not observing I’izar in an Islamic law trial. Rohey Ceesay Vs Fatou K. Ceesay & Others (2011) 1 GSLR P. 78 6. JUDGEMENTS & ORDERS: Need for court to be explicit over its
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 8 and 9: 8 orders. Sheikh Hydara Vs Yandeh N
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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