student (name withheld) of Marina International School has instituted a civil
suit against the said school claiming one million dalasis for unlawfully
disrupting his education.
The student who is a minor is also seeking a declaration that the said school is not entitled to impose any punishment on him by way of suspension and/or expulsion on the basis of the allegations of misconduct made by the school against him by email sent at 18:00 hours and dated the 1st February and /or 4th February 2019 respectively without complying with the principles of natural justice.
The student is also seeking the High Court order to set aside the suspension and / or expulsion from the school with reference to the email sent at 18:09 hours and dated the 1st February 2019 and letter dated the 4th February 2019 respectively on the ground that the said suspension and /or expulsion violates the principles of natural justice.
The student is further seeking an order of the court that he should be at liberty to resume his schooling at the said school and attend classes with his school mates without any interruption or hindrance by the school on the basis of the said suspension and / or expulsion.
The student is further seeking an order of perpetual injunction restraining the said school by themselves, servants, agents, howsoever, from interfering with, hindering or obstructing his right to education as guaranteed by law and the Constitution on the basis of the allegations contained in the school email sent at 18:09 hours on the 1st February and a letter dated the 4th February 2019 respectively.
The applicant also filed summons ex-parte supported by 32 paragraphs deposed to by his mother and attached were documents marked ASS1 to ASS 6 respectively.
The said summons ex-parte was heard by Justice Ebrima Jaiteh of the High Court in Banjul.
The school was served with all the processes on the 28th February, 2019 and the Sheriff of The Gambia on the 1st March, 2019 executed the interim orders of the High Court.
The Assistant Bailiff, Mr. Sanyang of the Sheriff Division of The Gambia who escorted the student in execution of the interim order was refused entry to the school premises.
The headmaster of the school, Mr. William Arthur, stated that he would not comply with the court order and would not mind to be taken to Mile 2 Prisons.
Assistant bailiff Sanyang reported to the court that he (Arthur) was not going to comply with the court order.
The disobedience of the school headmaster annoyed the court and the court immediately ordered his arrest and production before the court to show cause why he disobeyed the lawful court order.
Upon arrival at the school to effect the arrest of the headmaster and produce him before the court, a board member (name with held) asked the bailiff out of the school and stated that they were not honouring the said court order from the High Court.
However, the headmaster was produced before the court and then granted self recognizance bail and asked to comply with the order of the court of the 28th February, 2019 and the student be permitted to attend classes with his classmates pending further order of the said court.
The matter was subsequently adjourned to the 18th March, 2019 at 9:30 a.m. for further mention and for the headmaster to show cause why he disobeyed lawful orders of the court.