By: Isatou Sarr
Justice Sonia Akinbiyi of the Banjul High Court Annex, in her ruling on Monday, 12th May 2022, dismissed a civil application filed by Nyaniba Ndow against Kebba Ndow and Fatou Bin Ndow, citing lack of merit and abuse of court process.
Delivering her verdict, Justice Akinbiyi stated that the applicants had wrongly initiated the case through an originating summons a process unsuitable for matters involving disputed facts. The applicants had previously filed a case at the Brikama Cadi Court, claiming their Muslim identity as the basis for their right to inherit property. However, the Cadi Court dismissed their application in September 2022.
The applicants alleged that the dismissal was based on an erroneous claim that their attorney, Sirra Ndow, told the court they were not Muslims a statement she later contested. They also argued that the Cadi Court wrongly accepted Sirra Ndow’s testimony despite issues with the regularization of her Power of Attorney.
Justice Akinbiyi emphasized that the applicants had already pursued an appeal before the Cadi Appeals Court, which dismissed their motion in November 2023. She criticized the present case as a form of forum shopping, noting it was a backdoor attempt to overturn a judgment through improper legal means.
Citing legal precedents, including Nursing and Midwifery Council of Nigeria v. Esther Bose Adesina (2016) and National Bank of Nigeria v. Lady Ayode Alakija (1978), the court held that originating summons was not the proper procedure for resolving such disputes.
Therefore, “The application lacks merit and is an abuse of court process. It is hereby dismissed,” Justice Akinbiyi concluded.
