By Baba Sillah
The injunction filed by some aggrieved Gambia Football members at the High Court in Banjul was yesterday struck out by Justice Sainabou Wadda-Cisse after lawyers for both the applicants and respondents made their arguments last Friday.
In her deliberation in a packed courtroom, Justice Wadda-Cisse highlighted the seven points of grounds in the injunction filed by the applicants and the prayers of the respondents as well before she delivered her verdict.
She also cited the rules and orders of the High Court with regard to the originating summons which she read out to back up her ruling.
According to her, there is no interim order for the suspension of the originating summons and that the applicants have failed to furnish the court with tangible evidence to show that the electoral board of the football federation did not act in good faith.
The trial judge after summing up the contention of both the applicants and respondents struck out the case for lack of merit.
The Standard sought the reaction of the Lawyer for the aggrieved persons Sheriff Kumba Jobe who explained that the case has not been dimissed but struck out on the basis that it should not have originating summons but writ of summons. Asked what does this mean Lawyer Jobe said this means the case can be filed again using the writ of summons approach, which he said his clients are ready to do as soon as possible. “There is vast difference between dismissing a case and striking it out. When a case is dismissed, it is dead and gone but if it is struck out because of procedure, it can always be filed again,” Lawyer Jobe said.
The case was filed by Essa Jallow Aboulie Star Njie, Kaba Ceesay, Mariam Jobarteh and Musa Jawara all of whom were disqualified by the GFF electoral Committee for the August 18 elections. They are protesting that decision and want the court stop the GFF and the electoral Committee from holding the elections on August 18.
