By Bruce Asemota
The Supreme Court of the Gambia, presided over by Chief Justice Hassan B.Jallow and four other judges, have granted leave to Momodou Lamin Jarju alias Rongo to amend his statement of claim and adduce fresh evidence in the civil suit against Momodou Lungs Jarju, the Alkalo of Banjulinding.
In a ruling delivered by Justice M.M.Sey, the Supreme Court of the Gambia appointed Justice F.A.Achibonga of the High Court as Examiner to take evidence from both Rongo and the Alkalo of Banjulinding, Momodou Lungs Jarju at the High Court in Banjul.
The Supreme Court declared that the amendment of the statement of claim of Rongo will be limited to only fresh evidence sought to be adduced as detailed in the case, The court accordingly granted Alkalo Lungs Jarju leave to amend statement of defence in response to the fresh evidence adduced by Rongo.
The Supreme Court ruling disclosed that the application emanated from a notice of appeal filed by Rongo before the Supreme Court on the 3rd June, 2021 against the decision of the Gambia Court of Appeal delivered on the 16th April, 2019.
Rongo has sought from the Supreme Court to set aside the judgment of the Gambia Court of Appeal and enter judgment in his favour.
Justice Sey pointed out that Rongo advanced satisfactory explanation as to why the evidence could not have been obtained with reasonable diligence before the original hearing and that it seems clear from Rongo’s affidavit in support of the application that the fresh evidence he now seeks to adduce existed at the time of the initial trial but could not be put before the court because he could not lay his hands on some of the documents which were misplaced by his father.
Justice Sey said in the interest of justice the Supreme Court in exercising its discretion judicially and judiciously would grant Rongo to amend his statement of claim which will only be limited to only adducing fresh evidence.
