Key witness to testify in Abdoulaye Thiam vs Aisha Fatty’s case

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By Kemeseng Sanneh (Kexx)

Justice Ebrima Jaiteh ruled in favour of the Applicant seeking to summon Mrs Aji Fama Taal-Gaye as a witness in the Abdoulaye Cham vs Aisha Fatty gold dispute case. 

Justice Jaiteh dismissed the objection of Aisha Fatty through her counsel L.S Camara not to grant the motion to allow Aji Fama Taal as a witness. Jaiteh, allows the plaintiff’s application to proceed with the application to call Fama Taal as a witness.

In his ruling, Justice Jaiteh relied on the provisions of Order 23 Rule 7 of the High Court (Amendment) Rules 2013, which grants the court the authority to permit the summoning of witnesses in the interest of justice. Justice Jaiteh indicates that after examining the supporting affidavit, he found the testimony of Aji Fama Taal-Gaye to be relevant and crucial in resolving the dispute between the parties.

Justice Ebrima Jaiteh further granted leave to the Plaintiff to summon Aji Fama Taal-Gaye to depose to an affidavit of witness statement and appear before the court to provide her testimony regarding the case.

Justice Jaiteh ordered the Plaintiff’s Counsel to file and serve the Defendants with the affidavit of witness statement of Mrs. Aji Fama Taal-Gaye within seven days after the court’s order.

The ruling emerged from the motion of notice filed by Counsel Lamin Ceesay for Abdoulaye Thiam, supported by an affidavit sworn to by Ousman Mbye, a clerk at Solie Law Chambers filed on November 15, 2023 for court to grant their application for one Aji Fama Taal to testify in the case.

Aisha Fatty, represented by Counsel, opposed the application and filed an affidavit in opposition of 23 paragraphs sworn to by Aisha Fatty on the 29th day of November 2023. Briefs of arguments were filed, exchanged and adopted.