Ms. Neneh Cham requested for twenty – eight (28) days to file their
arguments whilst counsel for the Respondent asked this Court to
grant him twenty – one (21)days to file their arguments. The
Appellant was granted a further period of seven (7) days to file a
reply on points of law if they needed to do so. The matter was then
adjourned to Thursday the 19th of May 2016 for the adoption of the
said briefs.
However, on the 19th of May 2016 when the matter came up for
adoption of briefs, only the Appellant herein had dutifully filed her
brief of argument. The Respondent on the other hand had nothing
before this Court; that is the Respondent had neither filed a brief of
argument to argue this appeal as ordered by the Court nor has he
even filed an application for enlargement of time to file his brief as
at the 19th of May 2016 accompanied by a brief albeit filed out of
time. In disobedience of this Court’s order of the 14th of March 2016,
this Court at that point of the adoption of briefs asked the Appellant
to adopt her brief of argument whilst the Respondent was deemed
to have waived his right to file a brief of argument in this matter.
The facts of this case as elicited from the record of appeal are that
the parties herein were married for 26 years which union was blessed
with three children. At some point in the marriage, the couple lived
in the matrimonial home in Kanifing East Layout. At the time they
moved into the said property, it was an incomplete structure. It is in
evidence that the Appellant is gainfully employed as a store
Manager whilst the Respondent has been unemployed for over
fifteen years. The Appellant contends also that she has a property in
Tallinding where she built a three bedroom self contained house
over fifteen years ago which she had rented out after selling half of
that property. It is the Appellant’s version that she personally
extended the building with the addition of a master bedroom, an
outside kitchen, a store and two flush toilets and that she plastered,
CA – JUDGMENT MATTY FAYE V DAWDA JAWARA
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