Abdul Muhsin A. Wakawa with M. Jammeh represented the applicants but Malick H.B. Jallow who is representing the respondents was not present in court.
In his ruling, the presiding judge stated that he had heard counsel for the applicants in the instant motion on notice for stay of proceedings of the case between the parties, pending before the Kanifing Industrial Tribunal. He adduced that the application was dated 30th April, 2025, and filed on the 30th April, 2025. He said that there was an affidavit in opposition deposed to by the first respondent on behalf of the second respondent, sworn on the 12th May, 2025, and filed on the same date.
He went on to say that the counsel for the respondent had sent in a letter for an adjournment dated 12th May, 2025, adding that an adjournment was not automatically granted and particularly where the affidavit in opposition had been filed and the applicants’ counsel had indicated he was not minded to file and affidavit in reply.
He stated that he had averted his mind to the case cited by the applicants’ counsel on the guidelines to consider in an application for stay of proceedings. He cited some authorities to support his ruling. “I have also considered the argument that the Kanifing Industrial Tribunal lacks jurisdiction to entertain the pending suit because as per Section 33 of the Tertiary and Higher Education Act, 2016, which stipulates that within 30 days of a decision of the University Staff Tribunal and the notification of some to a person an appeal may be made to the High court against the decision of the tribunal,” he further stated.
He noted that what he also considered was the status of the parties, whether or not the second applicant can be sued in his personal capacity and whether failure to join the Attorney-General to the actions offended the State Proceedings Act, and also the status of the respondents, that is whether they are civil servants or not for the Labour Act 2023 to be applicable to them. “I find that the forgoing points raise substantial questions of laws to be tried at the appeal, same being competent,” he further ruled. “Consequently, the application on notice for stay of proceedings pending before the Kanifing Industrial Tribunal is stayed pending the determination of the appeal filed on the 6th February, 2025.”
The case was adjourned to the 24th June, 2025.
