06/04/2023
Sainabou Mbye in Another Legal Tussle with Ex-Husband, Bob Keita
Sainabou Mbye has instituted another case against her former husband, Bubacar Keita alias Bob Keita at the High Court today. This time around she is battling over custody of their children.
Madam Mbye brought the case through an ex-parte originating motion through her lawyer, Combeh Gaye. She wants the high court to make an order of Certiorari to quash the Orders of the Bundung Cadi Court made by Principal Cadi M. Sarr on the 3rd of February 2023.
She wants the high court to restrain Bob Keita or the Sheriff of the High Court from enforcing the judgment of the Cadi Court pending the hearing and determination of the application for Certiorari.
Sainabou Mbye, in her 18- paragraph affidavit in support of the application said on 7 November 2019, Bob Keita granted her a divorce, which was endorsed as valid by the Bundung Cadi Court in a judgment delivered by the Bundung Cadi Court dated 11 February 2020. She claimed that the judgment of the Cadi court granted her custody of their two female children (names withheld) ages 7 and 5.
She said the same judgment gave Bob Keita only visiting rights to the kids.
Sainabou said on 3rd February 2023, an order was made by Principal Cadi M. Sarr of Bundung, ordering the Honourable Sheriff of the Gambia to collect Fatima and Isha Keita from her and hand them over to Bob Keita, their Father with immediate effect.
“I was neither aware nor notified of the proceedings in which the said order was made by Principal Cadi M. Sarr. I was never accorded the right to be heard by the said Cadi. I only got to hear of the said order when the bailiff accompanied by some police officers ambushed me and escorted me to the Bundung Police Station. I approached the Cadi to try to understand what was going on but l was dismissed and asked to only comply with the said order,” she said.
She added: "I was in shock and confused about the whole situation as I was not even served with the order of the said Cadi.
She stated that she came to see the Order when her lawyer, Combeh Gaye wrote to the Bundung Cadi Court requesting for a copy of the said order which was provided.
“The said order made by the Bundung Cadi Court by Principal Cadi M. Sarr was made without basis as the Judgment of the Court did not state that the children could spend the weekends with the Applicant (Bob Keita),” she said.
She said she was informed by her Counsel that Cadi Sarr's order purports to review the Judgment earlier made by the same court which power he does not have. Hence, the application for leave for an order of Certiorari to quash the orders of the Bundung Cadi Court.
She said unless the high court exercises its discretion and grants leave to apply for an order of Certiorari, she will be grossly prejudiced.
“I fear that the Respondent (Bob Keita) may rely on the order and attempt to collect the children every weekend which in turn will destabilize the children who are both very young,” she said.
She stated that she has not denied Bob Keita the right to have access to his children.
“I am indeed amenable to him seeing his children on the basis of an agreement mutually reached by us; but I am vehemently opposed to the order imposed on me by the said Cadi without giving me an opportunity to be heard,” she said.
Sainabou’s Lawyer, Combeh, has filed a motion for the case to be heard during the Easter Vacation on grounds of extreme urgency. One Omar Joof, a Clerk at the Chambers of Antouman A.B. Gaye & Co. swore to an 18-paragraph affidavit in-support of the motion for the case to be heard during the vacation. He claimed that he is conversant with the facts of this case.
Omar said on the 3rd day of February 2023, an order was made by Principal Cadi M. Sarr of the Bundung Cadi Court, ordering the Honourable Sheriff of the Gambia to take the two children from Sainabou and hand them over to the Bob Keita, their Father with immediate effect.
Omar said there was already a subsisting Judgement by the same Bundung Cadi Court that has not been set aside nor appealed against. He added that the judgment gives Bob Keita visiting rights towards the two children and gave the Sainabou full custody of the children as they are both very young.
He said Sainabou was not notified nor was she aware of the proceedings in which Principal Cadi M. Sarr of Bundung Cadi Court made the said orders. Omar added that Sainabou was not accorded the right to be heard by the said Cadi.
He said Sainabou came to know about the said order when the Bailiff of the Bundung Cadi Court accompanied by some police officers ambushed her and escorted her to the Bundung Police station after she queried their demand to hand over the children.
He said Barrister Combeh Gaye on 30th March 2023 filed an application for leave for an Order certiorari.
The case was assigned to Justice Achibonga. Omar said he was informed by the Registrar of the High Court that Justice Achibonga has traveled to Ghana for the Easter vacation.
He stated that the said application has to deal with the issue of custody of the two children that Sainabou has with Bob Keita, who are both very young. Omar said it is necessary for High Court to hear this application during the vacation as a matter of extreme urgency.
He said unless the high court exercises its discretion and grants this application, Sainabou will be grossly prejudiced as the Bob Keita may rely on the order made by the Bundung Cadi Court and attempt to collect the children every weekend which in turn will destabilize the children who are a bit very young.
He urged the court to grant the application to hear the case during the vacation.
