The appeal is against Momodou Lungs Jarju, Acting Alkalo of Banjulinding Village, who is representing himself and the Banjulinding community as respondent.
The appellants are dissatisfied with the High Court’s decision on the admissibility of “fresh evidence” in the long-running Banjulinding land dispute.
According to the Notice of Appeal filed by Crown Chambers, the High Court erred in law by ordering a fresh determination on admissibility.
Appellants argue the Supreme Court already ruled on 27th July 2022 and 22nd Nov 2022 that the evidence met the Ladd v. Marshall tests for non-availability, relevance, and reliability, and granted leave to adduce it. They claim the High Court was only to decide if it was primary or secondary evidence.
Appellants alleged that the trial judge failed to recuse herself after informing counsel she would step down due to a reported conflict involving Omar Jammeh, yet proceeded to deliver the 19th May ruling.
They contest the D5,000 cost awarded against them, arguing the application related to evidence already approved by the Supreme Court.
The appellants are asking the Court of Appeal to set aside the High Court ruling and admit all the fresh evidence in their favour.
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