The expelled students were allegedly involved in a physical fight, resulting to disciplinary measures against them by the school authorities. The opponent students were suspended for a week after the school investigation found both camps involved culpable in the fight.
The decision of the school management was challenged by the parent of the expelled students Alhagie Ngum and filed a case at the High Court to ensure that justice prevails.
The High Court made the following orders after carefully considering the applicants’ affidavit particularly paragraphs 14 and 15 (1) that leave sought by the applicants ‘for this matter be heard during December 2020 vacation’ is granted. Accordingly, the originating summons and notice of motion dated 24 December, 2020, be heard in the December 2020 vacation period.
Secondly, the High Court ordered that in the interest of justice and the right to education as enshrined in the 1997 Constitution of The Gambia, “I thus make an interim that the applicants; expelled students therein be allowed to immediately resume attending school classes, lectures, taking tests and examinations under the respondents school pending the hearing and determination of the notice of motion dated 24 December 2020.”
Thirdly, the court ordered an interim injunction ‘restraining the respondent, their privies, servants/and or agents from acting any furthermore in executing or enforcing or relying on the decision of withdrawing or expelling the applicants from the respondent school called Apple Tree International’ is granted and also ordered that all the processes filed in the suit be served on the respondent which includes, the originating summons, motion on notice dated the 24 December, 2020.
The case was adjourned to Monday 4 January 2021 at 10 a.m. for hearing.