By Yankuba Jallow & Kemeseng Sanneh (Kexx)
Foroyaa has been keenly monitoring the developments in the ongoing appeal filed before the Court of Appeal by Slok Nigeria Limited and FIB Group Limited regarding ownership of a bank currently operating as Vista Bank.
Readers will recall that Lilium Grays and Lilium Holdings Limited entered into a sales agreement with Slok Nigeria Limited for the sale of shares in First International Bank Limited sometime in 2015. This means Slok Nigeria and FIb Group agreed to sell the FIBank to the Liliums. The said Agreement was registered with the Ministry of Justice and the final transfer of ownership was to be effected after Lilium Grays and Lilium Holdingds Limited complete payment for the said shares valued at Four Million United States Dollars. The bank name was changed to Vista Bank. The buyers (the Liliums) did not pay for the shares, but claimed that since they have invested in the bank, they are entitled to own it. This led Slok Nigeria Limited to institute legal action in the High Court of the Gambia for breach of contract. The High Court rendered judgment on the 11th of April 2017 in favour of Slok Nigeria Limited. The Liliums made an application to prevent the execution of the said judgment, but both the Court of Appeal and the Supreme Court denied the application for stay of execution.
Meanwhile, the statutory period to appeal against the said Judgment of 11th April 2017 had elapsed and this fact was stated by both the Court of Appeal and the Supreme Court in the respective Judgments they rendered in this matter. Nonetheless, Lawyer Lamin A. Ceesay of Solie Law Chambers filed a case before Justice Ebrima Jaiteh of the High Court calling on the said Court to set aside the judgment of the High Court dated 11 April 2017. Justice Ebrima Jaiteh granted the request and proceeded to set aside the judgment of his colleague of concurrent jurisdiction. This happened four years after the said judgment by Justice Martins U. Okoi was delivered.
Immediately after that, the ruling was delivered by Justice Jaiteh, Slok Nigeria Limited filed a notice of Appeal dated 28th January 2021 against the said decision while awaiting Records of proceedings. According to Mr. Amadou Sonko no one ever informed him as the representative that there was a suit against them in the High Court to set aside the judgment rendered in their favour by the same High Court in 2017.
After the records of proceedings were made available, Slok Nigeria Limited and FIB Group Limited through their Lawyer Kadijatou Jallow of Dandimayo Law Chambers served the notice of appeal and the accompanying processes on Lamin A. Ceesay, Lawyer for the Liliums (Respondents). This process was served on him in November of 2023 and after keeping the said Court processes for one day, he returned them to the Court with the claim that he was no longer the Lawyer for the Lilium Grays and Lilium Holdings Limited.
Lawyers for Slok Nigeria Limited then applied to the Court on the returned date being the 21st November 2023 for the said processes to be served on the Liliums at their last known address in Mauritius This application was granted on the same day by the Court of Appeal, and the processes were sent through a registered post the next day. However, the process server, one Sulayman Singateh, addressed the process to South Africa, and hence, service could not be effected as directed by the Court.
On the 5th day of December 2023, the applicants (Slok Nigeria and FIB Group) were granted leave to resend the processes to Mauritius, which they did. Again, the process could not be delivered because the said address through which the respondents were previously served in Mauritius could not be traced. On the 19th of March 2024, the applicants asked the Court of Appeal to grant them leave for the processes to be served on the Managing Director of Vista Bank or the Company Secretary one Benett Edett In an Order dated 5th June 2024 and the Court of Appeal granted the application for the Records of Proceedings, hearing notice and other processes to be served via substituted means on the Managing Director of Vista Bank Gambia Limited. The matter was then adjourned to the 10th of July 2024 for proof of service and ordering of briefs
Meanwhile, Lawyer Lamin A. Ceesay, who refused to accept service, continues to make a conditional appearance in this matter. A day after the court processes were served on the Managing Director of Vista Bank, Lawyer Lamin A. Ceesay, appearing conditionally; filed a motion in opposition to the service and urged the Court to set aside the order it granted for the processes to be served on the Managing Director of Vista Bank. Lawyer Lamin A. Ceesay is also contesting the representation of Mr. Amadou Sonko. Mr Sonko represented FIB Group and Slok Nigeria in the High Court, Court of Appeal, and the Supreme Court. Lawyer Lamin Ceesay is now challenging his representation capacity. This is the fourth time that Lawyer Lamin A. Ceesay is appearing in the matter conditionally.
On the 17th of July 2024, the Court of Appeal was to order for briefs of arguments on the motion filed by Lamin A. Ceesay to set aside the ruling of the Court of Appeal. On this day, the matter was heard in the Chambers of Justice Na-Ceesay Sallah Wada, the President of the Court of Appeal. The panel in charge of the matter –Justice Kumba Sillah-Camara and Justice Sainabou Wada Ceesay – presided over the case while Justice Veronica Wright was absent. Lamin A. Ceesay appeared conditionally for Lilium Grays and Lilium Holdings Limited, while Caroline Mendy of the Dandimayo Law Chambers accompanied by the FIBank Representative Amadou Sonko appeared for the Slok Nigeria Limited.
After a brief session to order for briefs on the motion filed by Lamin A. Ceesay, the matter was adjourned to the 29th October 292024. Lawyer Lamin Ceesay will file his brief, and the lawyer for Slok Nigeria will reply within 14 days. Lawyer Ceesay would file his reply on points of law if he deems necessary.
For 8 months, the case could not proceed. The substantive matter before the court is yet to be heard.
