Sainabou Wadda-Cisse of the Banjul High Court yesterday upheld the objection
made by attorney for the Gambia Football Federation (GFF), Lamin S. Camara and
consequently struck out the case.
The applicants, namely, Abdoulie Njie, Kabba Ceesay, Mariama Jobarteh Musa K. Juwara and Essa Jallow through their attorney, Sheriff Kumba Jobe, on the 10th of August, 2018, by way of originating summons, filed a case against the GFF and asked for certain orders ranging from 1-7.
Amongst their claims, they stated that the applicants were duly nominated in accordance with the GFF Constitution, and also asked for an injunction for stay of execution while the respondent, Dodou Joof, Lamin Karba Bajo and The Gambia Football Federation (GFF), through their attorney, raised a preliminary objection on the grounds that the suit could not be commenced by way of an originating summons and thus incompetent.
According to the trial judge, from the summons made by counsel for the respondent, it was clear that the objection was based on three grounds: that suit commenced by originating summons pursuant to order 27 Rule1 2nd Schedule Rules of the High Court, are meant for non-contentious matters only.
That the instant application was devoid of any relief seeking for the determination of a question of the Constitution, notwithstanding the endorsement on the face of it, and that the prayers on the instant application are not seeking for any construction of the applicants right under Article 4 (1-4) of the GFF Constitution and the Constitution of The Gambia as well.
Delivering the ruling, Justice Wadda-Cisse said in the instant case, there was no doubt that the matter falls within the jurisdiction of the court. However, she stated that she was of the view that the endorsement regarding Section 133 of the Constitution invoking the supervisory jurisdiction of the court, and the manner in which the reliefs are couched renders the originating summons cumbersome to the extent that it was challenging for her to determine the application to commence the suit either by writ of summons or by originating notice of motion.
“In light of the forgoing, I uphold the objection of the respondent and the originating summons is struck out. There shall be no order for cost,” She concluded.