The case was filed by Consumer Protection Consortium, a consumer protection group against Alvihag, Al Braka mini market, Talya’s Mini Market, Heewal Supermarket and Quality and Affordable American Goods Shop.
Delivering his ruling on Tuesday, a panel led by Magistrate Dawda Phatey, first gave a background of the case and made reference to similar cases both domestic and international level.
He also cited several sections of the Consumer Protection Act 2014.
In summary, he argued that the Consumer Protection Consortium, a consumer association is not a proper party to the case and doesn’t have any legal ‘locus standi’ to file the case.
Magistrate Phattey cited section 21 of the Consumer Protection Act 2014, which states that persons or group that bring in complaints to the tribunal should be a consumer group, where a member of the group suffered.
He ruled that there is no evidence of their member suffering and as a result struck out the case for lack of proper party and there was also a procedural error observed.
After delivery its ruling, Alhagie Sambou, director of Legal and Enforcement at Gambia Competition and Competitive Commission, informed journalists that the case was filed by the CPC against the supermarkets in question for selling expired food products in their shops and stores.
He recalled that after the food items were seized and a memo was issued to that effect, the Consumer Protection Consortium (CPC) assisted in preparing the file, which was then referred to the Consumer Protection Tribunal.
He used the opportunity to express their resolve and firm stance against business, and that CPC would continue to perform its duties and ensure that expired food products are off the stands.
