By Landing Ceesay
Abdoulaye Thiam has filed a motion on notice for Hon. Justice Ebrima Jaiteh of the High Court of the Gambia to review his 2023 ruling in a lawsuit against his ex-fiancée, Aisha Fatty.
In his suit, Thiam claims that Fatty breached their engagement promise, causing him emotional distress and embarrassment. He alleges that he sent gold to Fatty for business purposes but did not receive any returns. Additionally, Thiam is seeking the return of two vehicles he sent to Fatty.
The Inspector General of Police is also named as a defendant in the civil suit.
On July 25, 2024, when the case was called, Counsel Kebba Sanyang, representing Thiam, informed the court that they had filed a motion on notice to review the ruling dated July 5, 2023.
“My lord, this morning we filed an application, which is a motion on notice for the review of the court’s decision dated the 5th of July 2023. We serve my learned friend, but the state is yet to be served. My lord, we are also in the process of transcribing the audio in the flash drive together with the plaintiff’s (Abdoulaye Thiam) further list of documents. We are yet to complete that.
“We need more time to finish the transcription and serve the defendants along with the affidavit of the person transcribing it. Therefore, we respectfully seek your kind indulgence to adjourn this matter, preferably to the next term,” Counsel Sanyang told the court.
Background Information of the Court’s Ruling on the 5th of July 2023
On the 18th of May 2023, Abdoulaye Thiam (Plaintiff) and his Lawyers, Lamin A. Ceesay and Kebba Sanyang filed a motion seeking for the court to make an order that Vehicle Benz GLE 63 BRABUS with registration number BJL 0**** W remain in the custody of the Inspector General of Police (2nd defendant) pending the hearing and determination of the suit against Aisha Fatty.
Abdoulaye Thiam also sought for the court to make an order freezing the Bank Accounts of Aisha Fatty pending the hearing and determination of the suit.
This motion was supported by an affidavit of 37 paragraphs sworn to by Amadou Leigh, a Legal Clerk at Solie Law Chambers on the 18th of May 2023.
Aisha Fatty responded to the motion and vehemently opposed it by filing an affidavit in opposition of 70 paragraphs sworn to by Isatou Ceesay, of Bakoteh on the 24th of May 2023.
Briefs of argument were ordered, filed, exchanged, and deemed adopted and consented to by both Counsels of Abdoulaye Thiam and Aisha Fatty.
In delivering his ruling on the motion on the 5th of July 2023, Hon. Justice Jaiteh granted the motion as prayed in the motion dated 18th of May 2023.
Hon. Justice Jaiteh then ordered for the Benz GLE 63 BRABUS with registration number BJL 0**** W to remain in the custody of the Inspector General of Police (2nd defendant) pending the hearing and determination of the suit.
Hon. Justice Jaiteh also ordered for Aisha Fatty’s Bank Accounts to be frozen pending the hearing and determination of the case.
Abdoulaye Thiam’s motion on notice dated 25th of July 2024.
In this motion, Abdoulaye Thiam is alleging that the court either made an error or omission of one of the vehicles in dispute.
Abdoulaye Thiam is seeking the court to make a review of its ruling dated the 5th of July 2023.
This motion on notice is supported by an affidavit of 10 paragraphs sworn to by one Omar Bella Jallow, a Clerk of Kansala Law Chambers.
Omar Bella Jallow averred that he had the authority of Abdoulaye Thiam to be the deponent of this affidavit in support of his motion on notice.
“Counsel K. Sanyang informed me and verily believe the same to be true that having recently read the said ruling, he observed that the aforesaid ruling covered only one vehicle (i.e. BJL 0*****W) and omitted the other one (i.e. BJL 4****W). I have been informed by Counsel K. Sanyang and I verily believe the same to be true that since the application contained in the motion dated and filed on 18th May 2023 was granted as prayed, there is a need for the court to review its decision due to the error or omission.
“I have been informed by Counsel K. Sanyang and I verily believe the same to be true that this honourable court has the jurisdiction to review its decisions. I have been informed by Counsel K. Sanyang and I verily believe the same to be true that the application herein is in the interest of justice and fair hearing. Counsel K. Sanyang have informed me and I verily believe same to be true that the application if not granted will prejudice the Plaintiff/Applicant herein and cause him grave injustice,” Omar Bella Jallow averred in the affidavit in support of Abdoulaye Thiam’s motion in the notice.
In response, Counsel Lamin S. Camara, the Lawyer representing Aisha Fatty in the trial, informed the court that they will not be objecting to the adjournment sought by Counsel Sanyang for Abdoulaye Thiam.
“My lord, we are not objecting to the application sought for an adjournment. I acknowledge also, the receipt of a motion dated on the 25th of July 2024. My lord, we will look at the motion, and we will advance ourselves accordingly. However, we will likely object to this motion,” Counsel LS Camara told the court.
Hon. Justice Jaiteh then granted the adjournment application advanced by Counsel Sanyang and adjourned the case to the 17th of October 2024.