Businessman Abdoulie Thiam and Aisha Fatty
By Landing Ceesay
Hon. Justice Ebrima Jaiteh of the High Court of The Gambia has issued a warning that Abdoulaye Thiam’s case will be closed if he fails to produce a witness at the next court session on October 24th, 2024.
Abdoulaye Thiam, the plaintiff, is suing his former fiancée, Aisha Fatty (the 1st defendant), for allegedly breaking their engagement, causing him emotional distress and embarrassment. Thiam also claims he sent gold to Fatty for business purposes but never received any payment. Additionally, he is suing the Inspector General of Police, the second defendant in the case.
At the hearing on October 17th, 2024, Justice Jaiteh questioned Thiam’s lawyer, Counsel Kebba Sanyang, about the availability of a witness. Counsel Sanyang confirmed they did not have one present and mentioned that they had filed an urgent motion.”My lord, we have a motion on notice. We don’t have a witness in court today. My lord, this application is urgent,” Counsel Sanyang told the court. Justice Jaiteh responded by stating that the application could be handled alongside witness testimony, emphasizing the need for the plaintiff to present a witness or risk having the case closed.
“If you have an application, we can deal with that aside, but you should bring your witness to testify. You must bring your witness or close your case. I don’t want us to be dealing with an application for two sittings,” Justice Jaiteh said.
Counsel Sanyang assured the court that a witness would be present at the next hearing. “My lord, we will bring our witness in the next adjourned date. We think this application is important, that’s why we want us to deal with it,” Counsel Sanyang told the court. Justice Jaiteh reiterated that failure to bring a witness would result in the closure of the case.
“On the next adjourned date, you have to bring your witness, otherwise I will have no option but to force you to close your case. Don’t come here on the 24th of October without a witness. Whether the ruling is ready or not you should bring your witness. I don’t want this motion to affect our proceedings,” Hon. Justice Jaiteh told Counsel Sanyang. “We will bring our witness on the next adjourned date,” Counsel Sanyang re-assured Hon. Justice Jaiteh. Regarding their application, Counsel Sanyang informed the court that he would require five minutes to present it. However, Counsel Lamin S. Camara, representing Aisha Fatty, stated that he would need more time to move his affidavit in opposition to the motion on notice submitted by Abdoulaye Thiam. “My lord, our affidavit in opposition is such that we will not be able to argue it in just 5 minutes. But we can file our briefs in two days,” Counsel Camara said.
Justice Jaiteh granted Counsel Camara’s request to file a brief and exchange it with Counsel Sanyang.
Counsel Sanyang informed the court that he would submit his brief by Monday, October 21, 2024. In response, Counsel Camara stated that if the brief is filed on Monday, he would submit his reply by Thursday, October 24, 2024.
Justice Jaiteh advised both parties that their briefs would be adopted on October 30, 2024, and subsequently adjourned the case to October 24, 2024, for the testimony of PW 7.