By Bruce Asemota
Sillaba Samateh, a Gambian business tycoon resident in Holland has won a landmark civil suit against one Emmanuel Sanyang that effectively gives him back his prime located properties at the first junction in Brusubi Phase 1.
He had lost the properties in an earlier trial conducted in his absence.
Presiding Judge, Justice Ebrima Jaiteh of the High Court set aside a judgment which was delivered in Sillaba Samateh’s absence on 23 June 2016 as a default judgment.
Delivering his ruling, Justice Ebrima Jaiteh disclosed that Emmanuel Sanyang was personally served with summons on notice and its supporting affidavit at Brusubi Turntable in the West Coast Region on 24 June 2019.
Justice Jaiteh further disclosed that Emmanuel Sanyang did not file an affidavit in opposition to the affidavit in support filed by Sillaba Samateh.
Justice Jaiteh stated that the power to set aside judgment made in the absence of a party is governed by Order 34, rules 3 and 5 of the second Schedule to the High Court Rules.
The trial Judge further stated that State Counsel for the 2nd and 3rd respondents made reference to Order 41 Rule 1 of the High Court (Amendement) Rules 2013 and submitted that the Court lacks jurisdiction to set aside a decision of another High Court judge.
Justice Jaiteh pointed out that the application brought by Sillaba Samateh was brought under Order 34, Rule 5 and not under Order 41, rule 1.
Justice Jaiteh revealed that Counsel for the 2nd and 3rd Respondents misapplied Order 41, rule 1 and was irrelevant in Sillaba Samateh case.
“The question that begs an answer is whether Sillaba Samateh has provided good reasons for his failure to appear in Court. In answering this question, I shall take recourse to the affidavits filed in support and in opposition to the application.”
Justice Jaiteh stated that it was apparent that Emmanuel Sanyang was aware that Sillaba Samateh was out of the jurisdiction.