Brother sues sister for share of mother’s property

Thursday, August 09, 2018

Pa Abdou Niang has sued his sister, Fatou Niang, with whom he shares the same father and mother, at the Kanifing Islamic Court for his share of his mother’s property.

Cadi Imam Malik Niang presided over the case, with Cadi Muhammad Sarr as the chairman and Cadis Ebrima Jammeh and Masamba Jange as members.

The court, in its public hearing, issued a judgment in the matter of distribution of the estate of late Aji Hawa Cham. The court, after hearing from both parties, verifying the death, the estate, and receiving the documents concerning the estate, and also verifying the legal heirs, it could prove the following facts:

That Aji Hawa Cham died at the RVTH in Banjul in 2010.

That she left two compounds in Serrekunda London Corner, the first one is at Santayala Street while the second one is at Bonka Manneh Street.

That the first compound is valued at D1,562,720 and the second is valued at D1,310,114.

It was proven to the court that the deceased left two sons and two daughters, namely Pa Abdou Niang, Ida Niang, Fatou Niang and Manjai Niang, and since they are the legal heirs of the deceased, and they were alive when she died, the conditions and causes of inheritance are fulfilled in all of them without any hindrance, and that they are limited to them. The judgment further stated that the estate has to be distributed, for the male, what is equal to the share of two females.

The official distributor made both shares of Pa Abdou Niang and Ida Niang from the two compounds in one place. He also made both shares of Manjai Niang and Fatou Niang in one place.

Based on these facts, proofs and datum, the court stated that the estate of late Aji Hawa Cham is for her four children: Pa Abdou Niang, Manjai Niang, Fatou Niang and Ida Niang. According to the judgment, the parties have the right to demand transfer of ownership.

The judgment did not go down well with Fatou Niang and Manjai Niang who appealed at the Cadi Appeals’ Court in Banjul against Pa Abdou Niang and Ida Niang.

However, the court struck out the appeal for lack of diligence, and awarded Pa Abdou Niang and Ida Niang D5,000 cost.

Fatou Niang and Manjai Niang on the 5th of July, 2018, again filed a motion at the Cadi Appeals’ Court to set aside the judgment made by the Kanifing Islamic Court but was dismissed.

Author: Dawda Faye