“The Court shall have power to give any judgment
and make any order that ought to have been
made, and to make such further or other order as
the case may require including any order as to
cost. These powers may be exercised by the
Court, notwithstanding that the appellant may
have asked that part only of a decision may be
reversed or varied, and may also be exercised in
favour of all or any of the respondents or parties,
although such respondents or parties may not
have appealed from or complained of the
decision.”
It is therefore on the basis of all the foregoing and the powers vested
on this Court that I hold that the parties be jointly entitled to the
property in a 50 – 50% share ownership. That is each of the parties
owns an equal share to the other of the matrimonial property
situated at Kanifing East Layout. They are to peacefully live and coexist there with their children as the family home for the duration of
their lifetime and that of their children.
I therefore set aside the order of the learned trial judge which held
that each of the parties is entitled to one half share of the value of
the development. I also set aside the order of the sum of D152, 773
being the share of the Appellant awarded by the trial court, she now
being entitled to one half share or 50% of the value of the joint
matrimonial home situated at Kanifing East Layout whatever the
current value may be.
CA – JUDGMENT MATTY FAYE V DAWDA JAWARA
Page 21
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