equitable sharing of the joint property derived from
the marriage.
Having said this, may I also add that this Court is vested with the
power to make any order that is deemed appropriate in
circumstances of a given case to determine the real issues in
controversy and to ensure that the rights of the parties are
adequately safeguarded. Rules 35 and 36 of the Rules of this Court
state as follows:
Rule 35 states as follows:
“The Court may from time to time make any order
necessary for determining the real question in controversy
in the appeal, and may amend any defect or error in the
record of appeal, and may direct the Court below to
enquire into and certify its finding on any question which
the Court thinks fit to determine before final judgment in
the appeal, and may make any interim order or grant any
injunction which the Court below is authorised to make or
grant and may direct any necessary enquires or accounts
to be made or taken and generally shall have as full
jurisdiction
over
the
whole
proceedings
as
if
the
proceedings had been instituted and prosecuted in the
Court as a Court of first instance, and may re-hear the
whole case, or may remit it to the Court below to be reheard, or to be otherwise dealt with as the Court directs.”
Rule 36 states as follows:
CA – JUDGMENT MATTY FAYE V DAWDA JAWARA
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