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City of Banjul
Wednesday, April 17, 2024
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High Court allows Thiam to summon witness despite Aisha Fatty’s objection

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By Bruce Asemota

Banjul High Court has allowed plaintiff Abdoulaye Thiam to summon Mrs Aji Fama Taal-Gaye to appear before the court and testify about the gold transaction she had with defendant Aisha Fatty.

Justice Ebrima Jaiteh also directed Thiam to file and serve Fatty and the second defendant the Inspector General of Police, with the affidavit of witness statement of Mrs Taal-Gaye within seven days.

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Justice Jaiteh made this order yesterday in a ruling on an application filed by Mr Thiam asking the court to call Mrs Taal-Gaye to testify in the suit.

In his ruling, Justice Jaiteh disclosed that Aisha Fatty had opposed the application to call Mrs Taal-Gaye to testify and filed a sworn affidavit in opposition.

The judge further disclosed that she contended that the court lacks the jurisdiction to grant the application and that most of the averments in Thiam’s affidavit statement were hearsay, not admissible and therefore contravene sections 91 and 92 of the Evidence Act, 1994.

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The judge said Fatty’s counsel argued that the proposed witness evidence was made in bad faith.

He said the application to summon Mrs Taal-Gaye was brought pursuant to Order 23 Rule 7 of the High Court (Amendment) Rules 2013 which states that upon application, the court may grant leave for a plaintiff or defendant to summon a witness to appear and tell the court what he or she knows about the suit.

Justice Jaiteh declared that the above provision gives wide power to a judge to grant permission to summon a witness and the rationale of such powers is necessary in the interest of justice of the case.

Justice Jaiteh therefore ruled Mrs Taal-Gaye should appear and be cross-examined.

Hearing continues.

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