IN THE HIGH COURT OF THE GAMBIA IN THE CADI APPEALS ...

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court‟s processes and that even where the process server succeeded in serving him
with a hearing notice the 1 st appellant would not show up to attend the trial. That
the lower court was condoning the 1 st appellant on this until when it became fed up
with his attitude that it decided to proceed with the case in his absence.
On the issue of giving them their share of rent, the 1 st respondent as well as
the 2 nd respondent argued that that assertion is false. That since the demise of their
father about seven years ago, the 1 st appellant has never given them anything in
form of rents due to them and on their part, they have never collected the sum of
D72,000.00 as rent on any of the properties.
On the second ground of appeal, the two appellants argued that the Toyota 4
wheel drive No. BJL 1867 C formed part of the estate of their deceased father and
the car has been in possession of the 1 st appellant for the past 7 years but the lower
court ordered same to be seized and given to the respondents who in turn handed
over same to their respective husbands for sale and same was accordingly sold out
to an unknown buyer.
The 2nd respondent reacted to this by stating that it was because of the
persistent refusal of the 1 st appellant to appear before the lower court that the court
decided to proceed with the case in his absence by distributing the estate to the
beneficiaries. The appellants‟ side, according to the 2 nd respondent (Fatoumata
Jawara) was given two houses at Churchills Town Serekunda and No. 16 Fitzerald
Street Banjul while the respondents‟ side was given one house at Tabokoto plus the
Toyota 4 wheel drive which car was still in their possession and has not been sold
out as claimed. The 4 th house which is situated at 7 Louvell Square Banjul was to
be shared between the appellants jointly with Safi Jawara. The 5 th house, the 2 nd
respondent submitted further, was not shared but was left for their mother (Mama
Kabba) in settlement of her own share from the compensation paid to them
jointly(i.e. the deceased and Mama Kabba) by the US government on the death of
their son Mohammed Jawara (alias Bature) who died on September 11, 2001 and
which amount the deceased used all to the exclusion of the said Mama Kabba with
a promise to pay her back and which he did not up to the time he died. The 1 st
respondent (Isatou Jawara) adopted intoto the submissions of the 1 st respondent
and said she had nothing to add.