By Bruce Asemota
The High Court in Banjul, presided over by Justice Ebrima Jaiteh has dismissed an application filed by the Gambia National Telecommunications Commonly known as Gamtel to refer a case filed against it by Bankai International Limited to an arbitration court in England and Wales.
Justice Jaiteh ordered the dismissal yesterday in a ruling in a suit Bankai International Ltd is claiming the sum of $2.940M, being monies due and owing by Gamtel for international telephone services rendered.
Gamtel is also seeking for the suit to be dismissed for want of jurisdiction on the grounds that the agreement confers exclusive jurisdiction on the courts of England and Wales.
In his ruling, Justice Jaiteh disclosed that after reviewing the application papers and affidavits sworn to by Sheriff Marie Tambadou, a legal practioner, and the briefs of arguments submitted by the two parties, the court relied on a letter dated the 26th September, 2019 signed by the then managing director, Seedy Jaiteh, which acknowledged and confirmed that all dispute before the 31st August, 2019 have been mutually closed and expresses appreciation for the cooperation extended by Bankai International Ltd.
In summing up the issues, the judge wondered whether there was a dispute that warrants the High Court to refer the suit to court of arbitration.
He asserted that the said letter and other consistent acts of acknowledgement of liability, including meetings, correspondence and request for payment referrals, all speak volumes and are evidential proofs that negates the existence of a live dispute.
Justice Jaiteh also asserted that there is no evidence that Gamtel subsequently retracted this admission, or challenged the invoice or invoked dispute resolution provisions until when the litigation was commenced.
He disclosed that there is no dispute between the two parties and the application for a stay of proceedings and to dismiss the suit therefore failed and he accordingly dismissed the application to refer the suit to International Court of Arbitration in England and Wales.
The judge awarded the sum of D50,000.00 as costs to Bankai international Ltd and adjourned to matter to 20th June, for hearing of the main the main suit.
