By: Isatou Sarr
Justice Sonia Akinbiyi of the Banjul High Court Annex has ruled that a contempt case involving Malang Jatta, administrator of the Estate of Karamo Saikou Jatta, and respondents Baboucarr Bouy and Karamo S. Bojang be remitted to the Kombo South District Tribunal, declaring that is the proper forum to hear the matter.
The contempt proceedings arose from the respondents’ failure to comply with a judgment previously delivered by the Kombo South District Tribunal.
In her ruling, Justice Akinbiyi upheld a preliminary objection by the respondents, who argued that the High Court lacked jurisdiction. She emphasized that since the contempt was directly tied to a substantive suit heard by the District Tribunal, which was legally empowered to punish for contempt, the matter must be heard there.
“The contempt proceedings are intrinsic to the original case decided by the District Tribunal. Therefore, the Kombo South District Tribunal is the proper court to entertain and adjudicate this issue,” the judge said.
Respondents, including cabinet minister Baboucarr Bouy, argued that he was not a party to the original suit and that the High Court lacked authority to punish contempt related to District Tribunal judgments. They cited Section 17 of the District Tribunal Act, which granted the tribunal power to impose penalties, including fines and imprisonment not exceeding one month for non-compliance.
Applicant Malang Jatta countered that the High Court had supervisory powers over subordinate courts and therefore jurisdiction to enforce compliance. However, the court disagreed, finding that the contempt was not independent but an extension of the original suit.
Justice Akinbiyi clarified that contempt proceedings might be in facie curiae (in the face of the court) or ex facie curiae (outside the court). Here, the contempt is intrinsic to the original case and should be dealt with by the tribunal that issued the judgment.
Concluding, Justice Akinbiyi ordered, “The contempt proceedings as constituted are hereby remitted to the Kombo South District Tribunal.”
