By Nelson Manneh
Momodou Lamin Jarju, renowned as Rongo, Thursday, 16 January 2025 won a ruling against Momodou Lungs Jarju, the Alkalo of Banjulunding.
The ruling was delivered by Justice Sonia Akinbiyi K.J.W, of the high court.
The case was remitted by the Supreme Court to the High Court for the latter to take fresh evidence from Rongo.
Justice Sonia said the order of the Supreme Court granted leave to Rongo to amend his statement of defence & counter-claim in the context of the fresh evidence to be adduced in the case. The high court’s only job is to take fresh evidence and the case will return to the Supreme Court for continuation of the appeal case.
The Judge said Rongo through his lawyer, Bory S. Touray, sought to comply with the order of the Supreme Court by filing a motion containing the list of fresh pieces of evidence and documents to be tendered before this high court. She added that the fresh pieces of evidence will be tested through cross-examination.
Senior Counsel B.S Touray was stopped from proceeding by Senior Counsel Kebba Sanyang, who objected because the Motion was titled “In the High Court” instead of being titled “In the Supreme Court.”
Sanyang submitted that the matter and appeal are substantially before the Supreme Court and therefore, the motion should have the title of Supreme Court.
In response to the objection, Senior Counsel Touray for Rongo submitted that the case was remitted to the high court solely for fresh evidence to be adduced while the substantive appeal lies in the Supreme Court. He further submitted that the high court has jurisdiction over every document that is filed to adduce fresh evidence.
Touray noted that it would be irregular for a Counsel or a party to file a process before the high court and titled it “In the Supreme Court” as that is giving the high court a status it does not have.
Counsel Touray concluded that at the end of the hearing of the fresh pieces of evidence, the record of proceedings before the high court will be further referred to the Supreme Court, and the court’s ruling will further be placed as evidence derived from taking the fresh evidence ordered before the Supreme court.
Senior Counsel Borry S. Touray urged the court to discountenance the objections of Counsel Kebba Sanyang as a time-wasting exercise which is clearly unwarranted.
Justice Sonia said the Supreme Court of The Gambia is the final court in the adjudication of matters and its decisions shall be enforced by all authorities, persons, and by the courts with subordinate jurisdiction to it in the Gambia.
The order of the Supreme Court for fresh pieces of evidence taking must be obeyed by the High Court timorously, said Justice Sonia.
She held that, in complying with the order, the High Court must restrain itself from adorning itself with the cloak of the Apex Court which will drown it.
“A High court cannot sit or adjudicate on a process (es) titled and styled with the heading of the “Supreme Court,” she said.
She held that it is settled law that the rule of procedure of different hierarchies of courts must be construed independently and obeyed.
“In other words, the rules of practice made for one court either higher or lower, in the judicial hierarchy cannot apply to another court,” she said.
“The process(es) before a high court must be titled and styled with the heading of “the high court” as is being commanded by the rules of the High Court,” she stated.
She further stated that a high court sitting on processes headed “The Supreme Court” clearly denigrates the status and standing of the Supreme Court.
“The objection of Counsel Kebba Sanyang Esq. is discountenced, as to grant it will constitute a deliberate hovering within the precinct of contempt,” she ruled.
The matter before the Supreme Court is an appeal case to a land dispute. Rongo claimed that he has fresh pieces of evidence, which he wants to tender. The Supreme Court granted it and remitted the case to the high court to take the fresh evidence and he will be cross-examined on that.
