By Kemeseng Sanneh (Kexx)
A High Court in Banjul has dismissed a motion by Access Bank Gambia Limited seeking to strike out a lawsuit filed by Creed Energy Limited, ruling that the suit remains valid and does not constitute an abuse of court process.
Delivering a ruling on Thursday, Justice Ebrima Jaiteh held that the claim against Access Bank, the 1st Defendant, remains intact despite an earlier decision striking out the 2nd Defendant, Apogee FZE, from the proceedings. The ruling clears the way for Creed Energy’s case to proceed solely against the bank.
Access Bank had filed its motion on November 1, 2024, arguing that the suit should be struck out on two primary grounds: first, that the removal of the 2nd Defendant nullified the entire action, and second, that continuation of the case amounted to an abuse of process due to related proceedings.
The case was heard on May 29, 2025, with legal representation for all parties. S.K. Jobe appeared for the Plaintiff, while C.E. Mene and P. Bakurin represented Access Bank. M.W. Jallow appeared for the 2nd Defendant.
In his ruling, Justice Jaiteh addressed the bank’s arguments in two parts.
On the first issue, the Court rejected the notion that the case could not continue after the 2nd Defendant was struck out. Justice Jaiteh noted that Apogee FZE had been joined to the suit later in the proceedings and that no substantive amendments were made to the original claims following its joinder.
“A suit can subsist against one defendant even if it is struck out or dismissed against another, provided the causes of action are not indivisibly linked,” the Court held.
Justice Jaiteh emphasized that the October 23, 2024, ruling clearly applied only to the 2nd Defendant, and the language of the order did not extend to the entire case. The Court declined to broaden the interpretation of the ruling beyond its specific terms.
On the second issue, the Court found that the existence of another lawsuit involving similar subject matter did not automatically amount to abuse of process. Justice Jaiteh emphasized that for a case to be dismissed on that basis, the defendant must show that the two suits are identical in parties, subject matter, and reliefs sought — a threshold not met in this case.
“Multiplicity of actions alone does not amount to abuse,” the judge stated. “There must be clear evidence of oppression, harassment, or procedural abuse.”
The Court also rejected the 1st Defendant’s reliance on foreign legal authorities, noting that they failed to demonstrate inconsistency with Gambian law.
Justice Jaiteh further clarified that if any procedural concern did arise from the parallel suits, the appropriate remedies would be a stay of proceedings or consolidation — not outright dismissal, which he described as a “drastic” measure.
“Dismissal of a suit is an extreme remedy to be used sparingly,” he ruled.
In conclusion, the Court held that Creed Energy’s suit against Access Bank remains valid and that the bank’s motion lacked merit.
