State Fails to Appear in Acute Kidney Injury Case

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By Mariama Marong

The Attorney General Chambers as representative of the State did not appear in the Acute Kidney Injury (AKI) Case instituted by the families of the victims of AKI. 

The Ministry of Health and Medicine Control Agency did not also appear.

The AKi Case came on Tuesday, 24 October 2023 before Justice Ebrima Jaiteh of the Banjul High Court. 

The defendants in this suit are Maiden Pharmaceuticals LTD as the 1st defendants, Atlantic Pharmaceuticals Company LTD as 2nd defendant, Medicine Control Agency (MCA) as the 3rd defendant, Ministry of Health as the 4th defendant and Attorney General as the 5th defendant.

Senior Lawyer Lubuna Farage for the plaintiffs made an application for the court to dismiss the motion filed by MCA, the Ministry of Health and the Attorney General seeking extension of time to file their defence.

Counsel Farage argued that the State had 90 days to respond, which has elapsed. She urged the court to strike out the motion seeking for extension of time. She said the defendants were served over 4 months ago and they failed to file their defence.

Counsel reiterated that 90 days is the maximum days that could be given to State to respond.

Justice Ebrima Jaiteh said State Counsels Binga D, Saikou Lamin Jobarteh and S. Jobarteh were in court on the last adjourned date and they knew the date for the hearing of the case.

The Judge struck out their motion seeking extension of time. He said he cannot give them any extension of time because the 90 days statutory period has elapsed. He asked MCA, the Ministry of Health and the Attorney General to pay cost of Ten Thousand Dalasi (D10,000) to the Plaintiffs. 

The court passed an order for the plaintiffs to publish their writ of summons in India because they could not locate the 1st and 2nd defendants. They could not still serve them. 

The plaintiffs are the parents of nineteen children who died at Edward Francis Small Teaching Hospital due to acute kidney injury.

The matter is adjourned to 7 November 2023 at 2:30 pm.

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