painted and tiled the entire structure and the walkway outside as
the sand outside was muddy and that she also fenced the
compound which had a dwarf fence at the time that they were
moving in. The Appellant also claims to have installed electricity to
the property as she brought an electrical meter from her mother’s
house in Gloucester Street when they moved in. The Appellant
further claims that the total cost of her contribution towards the
matrimonial home exceeded over D500, 000.00. The Appellant
further contends that when she moved into the property, she had to
build the ceiling of the house because the Respondent had only put
up a corrugated roof. It is in evidence on record that the Appellant
was able to produce numerous receipts for building materials that
she purchased during the construction of the said property. It is
further the Appellant’s contention that all the contributions she
made towards the construction of the matrimonial home were
made on the clear understanding between herself and her husband
that this was their joint matrimonial home and that the Respondent
herein had always given her his full consent to proceed with the
execution of such works.
The Appellant further claims that the Respondent’s last place of work
was with the defunct G.P.M.B. where he has since ceased to work
and as such he has not been able to secure any gainful
employment for over fifteen years and this included the period when
the Appellant was engaged in the construction and finishing of the
matrimonial home. It is further the Appellant’s case that she had
since the Respondent became unemployed was solely responsible
for the maintenance of her family including the feeding,
maintenance and the payment for the education of the three
children. The Appellant avers that it was only in 2010 that she was
summoned by the Respondent herein to the Kanifing Islamic Court
seeking for a divorce and that the Cadi at the said Court advised
her to move to another bedroom within the matrimonial home to
CA – JUDGMENT MATTY FAYE V DAWDA JAWARA
Page 5