By Bruce Asemota
A decisive ruling at the High Court in Banjul has dismissed a civil suit filed by Creed Energy Limited against Access Bank (Gambia) Limited, for want of diligent prosecution.
The decision followed the repeated absence of both the plaintiff and its legal representative, SK Jobe, during scheduled court hearings.
The matter had previously been adjourned reluctantly by the court after the counsel for the plaintiff informed the court that he had lost contact with his client and was unable to reach him via telephone or email.
The counsel undertook to notify the plaintiff and ensure his appearance at the next hearing. However, when the matter came up for trial yesterday, both the plaintiff and the counsel were again absent; with no credible explanation given for their failure to attend.
The court observed that a letter purportedly seeking an adjournment was sent to the registry earlier that morning, signed not by the counsel but by an administrative assistant at Sheriff Kumba and Co Law firm.
The letter was not served on the defence team and was described by the defence counsel Mene as a ploy to delay the matter unjustifiably.
The presiding judge Justice Jaiteh, in a comprehensive ruling, emphasised that the court process must not be abused or manipulated. He cited Order 34 Rule 2 of the High Court Rules which provides that where a Plaintiff fails to appear in court, the case may be struck out or dismissed unless good and sufficient cause is shown.
He asserted that in this case no such cause was established.
The court further noted that Creed Energy, having initiated the suit, bore the primary responsibility to prosecute it with seriousness. It observed that the plaintiff had never personally appeared since the commencement of the matter and that the conduct of the case showed a lack of commitment to pursuing the claim.
The judge expressed the court’s disapproval of attempts to unduly delay proceedings through non-compliance with proper procedure and noted that litigation must not become a tool for frustrating parties who are prepared to proceed.
Consequently, the court dismissed the case in its entirety and awarded cost in the sum of D100.000.00 to Access Bank.
Justice Jaiteh further ruled that no future application from Creed Energy would be entertained until the awarded costs are fully paid.
