Sheraton Hotel appeals against judgement

Sheraton Hotel had filed an appeal at the High Court against the judgment delivered by Principal Magistrate Kayode, the Chairman of the Kanifing Industrial Tribunal, against Sheraton Hotel for wrongfully terminating the services of one, Bakary Bojang, an employee of the hotel.

According to the notice of appeal, the defendant has been denied a right to be heard and a fair hearing, as guaranteed by the constitution of The Gambia.

The notice of appeal went on to state that the defendant was not even asked, if he had a defence before the matter was adjourned for judgement.

Sheraton Hotel challenged in the notice of appeal that Kanifing Industiral Tribunal did not have the jurisdiction to hear the matter.

The notice of appeal further indicated that the jurisdiction of the Kanifing Industrial Tribunal is restricted to matters, which arose within the Kanifing Municipality.

Sheraton Hotel stated in the notice of appeal that the particulars of claim has shown clearly that the address of both the plaintiff and defendant was situated in the Kombo North District of the Western Region of The Gambia, which is outside of the territorial jurisdiction of the Kanifing Municipality, and thus the Kanifing Industrial Tribunal.

The appellant, Sheraton Hotel argued in the notice of appeal that the subject matter of the purported contract between the plaintiff and the defendant was also within the Kombo North District of the Western Region of The Gambia.

The appellant further indicated that the matter before the Kanifing Industrial Tribunal was incompetent as it was not properly constituted with respect to the parties.

The appellant stated in the notice of appeal that the named defendant, not being a natural person, was not shown to be an incorporated body or statutory corporation, and that there was no proper defendant before the court.

Sheraton Hotel further challenged in the notice of appeal that Rule 10 of the Labour Act was not complied with by the tribunal prior to its entering upon the hearing in the suit.

The appellant, Sheraton Hotel, stated in the notice of appeal that the claim of the plaintiff does not contain any proper prayers or claim and "do not disclose in any event any proper cause of action."

Sheraton Hotel further argued in the notice of appeal that the damages awarded were excessive and not in accordance with the applicable law or the terms of the agreement between the parties, and that the judgment is against the weight of the evidence.

"The decision of the tribunal was otherwise erroneous", Sheraton Hotel challenged in the notice of appeal.

The appeal will be mentioned on 2nd June 2010, at the High Court.

Lawyer Ida Drammeh is representing Sheraton Hotel.