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 Page 4

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