By Bruce Asemota
Justice Ebrima Jaiteh has ordered the Attorney General, Ministry of Health and Medicines Control Agency to pay the sum of ten thousand dalasi to the 19 plaintiffs whose children allegedly died as a result of Acute Kidney Infection last year.
Justice Jaiteh made this order yesterday and premised on an application made by lawyer L.Farage, plaintiffs’ counsel for the court to dismiss the motion on notice filed by the state and its failure to appear in court.
The state law office motion on notice is seeking for an extension of time to file their defence on behalf of the Attorney General, Ministry of Health and the Medicines Control Agency.
When the case was mentioned, the court observed that the defendants and their representatives were absent in court, hence Lawyer L. Farage urged the court to dismiss the motion on notice dated the 31st July, 2023 on the grounds that the Attorney General, Ministry of Health and the Medicines Control Agency have not filed their defence and the 90 days have elapsed.
The trial judge in his ruling disclosed that on the last adjournment date, Counsel Binga D, L.S Jobarteh, A.AGibba and S.Jawara agreed for the date and they were aware of yesterday’s proceedings but they chose to stay away from the court.
Justice Jaiteh said on the 31st July, 2023, the state law office filed a motion on notice seeking for an extension of time for the 3rd, 4th and 5th defendants to file their statement of defence.
Justice Jaiteh stated that filing of motion is almost 3 months and the state has not filed any processes for the court to deem it to be properly filed. Justice Jaiteh pointed out that the motion on notice filed by the state for an extension of time was calculated to delay the proceedings.
He said the state would have filed their processes by now if they were diligent enough in defending the suit.
Justice Jaiteh noted that the state law office was also absent in court without any reason.
He then struck out the motion on notice and awarded the sum of D10.000 as cost in favour of the plaintiffs against the Medicines Control Agency, Ministry of Health and the Attorney General.
Justice Jaiteh renewed the order the court made on the 21st July, 2023 for the writ of summons to be published in a widely read newspaper in Delhi, India.
The 19 plaintiffs are suing Maiden Pharmaceutical Ltd, Atlantic Pharmaceuticals company Ltd, Medicines Control Agency, Ministry of Health and the Attorney General and are claiming the sum of ten million dalasi as damages per child.