By Bruce Asemota
The High Court presided over by Justice Ebrima Ba Jaiteh has set aside the judgment delivered by then Justice Martins U. Okoi on the share sale agreement involving about US$15 Million between Slok Nigeria/ FIB Group against Lilium Grays and Lilium Holding Limited.
Slok Nigeria Limited /FIB Group Limited sought a declaration from the High Court that the share purchase agreement with Lilium Grays Limited /Lilium Holdings Limited dated the 26th November, 2016 be terminated on the grounds that Lilium Grays/Lilium Holdings Limited have refused/neglected the contract and are in breach of contracts.
Slok Group/FIB Group then filed a writ of summons on the 30th November, 2016 and served Lilium Grays Limited /Lilium Holdings Limited in Mauritius which filed their defence out of time.
Then presiding Judge, Justice Martins U. Okoi proceeded to enter judgment without going into the merit of the case which prompted Lilium Grays /Lilium Holding Limited to apply before Justice B Mahoney sitting as a High Court Judge to review Justice Martins Okoi’s judgment.
Justice B Mahoney granted the application to review Justice Okoi judgment delivered on the 11th April 2017 but Slok Group/FIB Group appealed against Justice Mahoney’s decision to review the judgment of Justice Okoi at the Gambia Court of Appeal which dismissed Slok Group/FIB Group Limited appeal.
Justice Ebrima Jaiteh proceeded to review the judgment of Justice Martin U. Okoi pursuant to the orders granted by Justice Mahoney.
Justice Jaiteh in reviewing the judgment disclosed that after perusing the record of proceedings and the judgment of the court, it is clear that Slok Group/FIB Group Limited documents were never tendered and admitted into evidence for the court to rely on them as evidence and none of Slok Group/FIB Group Limited witnesses was presented to the court to adopt their witness statements, as their evidence in chief in the trial and be cross–examined by the Lilium Grays/ Lilium Holdings Limited.
Justice Jaiteh said Lilium Grays/ Lilium Holdings Limited were never given opportunity to address the court before judgment was delivered on the 11th April, 2017 by then Justice Martins U. Okoi.
Justice Jaiteh revealed that Lilium Grays /Lilium Holding Limited failure to file a defence within the prescribed time limit did not in his view foreclose their rights from challenging Slok Group/FIB Group Limited witnesses in their averments before the court.
Justice Jaiteh disclosed that it was apparent that the court did not follow the provision in order 23 Rule (5) of the High Court and went ahead to enter judgment on the 11th April, 2017 cannot be considered as a judgment on merit.
He further disclosed that the right to fair hearing is constitutionally guaranteed under section 24 of the 1997 Constitution of the Gambia and when never it is breached, it attracts consequences.
Justice Ebrima Jaiteh asserted that the judgment delivered by Justice Martin Okoi on the 11th April, 2017 was not a judgment on the merit citing Order 41 Rule 1 © of the 2nd Schedule of the High Court Rules.
Justice Jaiteh therefore asked the parties to file fresh suit if they so wish.
