LEAD JUDGMENT BY HON. JUSTICE N. SALLA – WADDA JCA. This is an appeal against part of the decision of the High Court per Hon. Justice B.V.P. Mahoney delivered on the 21st day of January 2013 wherein the trial judge in that suit gave judgment to the Respondent on a suit commenced by way of an originating summons filed on the 8th of September 2011 and issued on the 4th of October 2011 wherein the Applicant sought for the following orders: 1. A declaration that the Applicant Matty Faye is entitled to an equitable share of the joint matrimonial property in accordance with Section 43 of the Women’s Act 2010. 2. An order declaring the said share of the matrimonial property. 3. Further and other orders as the Court deems fit. At the conclusion of the case at the court below, the learned trial judge held in his judgment at page 146 of the record of proceedings as follows: “Applying the principle that equity is equality, both parties are entitled to one half share of the value of the development; the Applicant is thus entitled to a beneficial interest in the property to the value of D152, 773. In conclusion, it is hereby declared that the Applicant has an equitable share in the Respondent’s property bearing serial registration number K33/1986 to the value of D152, 773. The Respondent holds the said share on trust for the Applicant. The Applicant is entitled to remain in the property until such time as she is paid the value of her equitable share. I award costs of D30, 000 in favour of the Applicant.” It is against part of this decision of the learned trial judge that the Applicant being dissatisfied with that part of the said decision that she now instituted this appeal on the 18th of April 2013 appealing, I CA – JUDGMENT MATTY FAYE V DAWDA JAWARA Page 2