binding. See BOURGI COMPANY LTD V WITHAMS H/V & ANOR (2002 2008) 2 GLR 380. This being the case, the issue that remains
unresolved in this case and which in my view ought to be resolved
for so many reasons including bringing stability into the matrimonial
home, although the couple may be divorced, such a determination
would ascertain and lay to rest the issue of the ownership of the
property in issue. It is further in my considered view absolutely
important for such a determination to be made for public policy
reasons as well.
Having said this, it has already been clearly established that the
Appellant had contributed significantly to the construction and
expansion of the matrimonial home herein on the basis of all the
evidence that she had adduced in proving this assertion which has
already been accepted by the trial court and which I have no
reason to interfere with; for indeed it is well established by a plethora
of cases that appellate courts would not interfere with the findings of
facts of a trial court; See the Gambian Supreme Court decision in
FATOU BADJIE & 4 ORS V JOSEPH BASSEN (2002 - 2008) 2 GLR 115,
cited supra. See also ARMANTI GAMBIA COMPANY Ltd V DHL
INTERNATIONAL (Gambia) Ltd (2002 - 2008) 1 GLR 194 which held as
follows:
“As a general rule the appellate Court does not disturb
findings of fact made by a trial court unless it can be
demonstrated that the said findings of fact are perverse or
are not supported by evidence on record or absurd in that
no reasonable tribunal applying itself to the same facts
could have reached the same findings.”
Having said this and on the other hand, there is no evidence before
this Court or at the court below that the Respondent does not own
the piece of land upon which the matrimonial home was
constructed, what had remained uncertain before the court below
CA – JUDGMENT MATTY FAYE V DAWDA JAWARA
Page 18
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