By: Nicholas Bass
Banjul High Court yesterday dismissed Access Bank Gambia Limited’s motion seeking for an order to strike out the telecommunication contract lawsuit filed by Creed Energy Limited.
The court, presided over by Hon Justice Ebrima Jaiteh dropped the motion for lack of merits.
It could be recalled that Access Bank Gambia Limited’s Lawyer C.E Mene on 4 November 2024 filed a motion seeking an order from the court for the entire telecommunication lawsuit filed by Creed Energy Limited against his client to be struck out.
Lawyer C.E Mene’s application for Access Bank Gambia Limited for a dismissal of the telecommunication lawsuit came up after the court allowed Apogee FZE [2nd defendant] to be struck out, he argued that continuing the same was an abuse of the court process.
Apogee FZE, however, was not originally sued by Creed Energy Limited [plaintiff], but her lawyer M.W Jallow’s applied for Apogee FZE to be joined.
When Apogee was added into the suit on procedural grounds to ensure full representation of relevant actors involved in the underlying telecommunications contract, on 23 October 2024, it was struck out.
Consequently, the 1st defendant, Access Bank Limited alternatively sought for an order from the court for the dismissal of the entire telecommunication suit, arguing that continuing the same was an abuse of court process.
Justice Jaiteh recalled that lawyer Sheriff K.Jobe for Creed Energy Limited in his application before the court contended that striking out the claim against, Apogee FZE pursuant to its unopposed application dated 10 October 2024 did not extinguish the action against Access Bank Gambia Limited.
Hon Justice Jaiteh in his conclusion said that the claim against the 1st defendant was not extinguished by the court’s earlier ruling striking out the suit against the 2ND defendant and that the continuation of the suit did not amount to the abuse of the court process.
In his ruling, the judge declared that the 1st defendant’s objection regarding terminology and characterisation of the prior ruling was not entirely unfounded and did not warrant dismissal. He cited section 4 {3} of the Law of England Application Act was inapplicable where no conflict with Gambian statutory or common law has been established.
“The suite mentioned on the 1st November 2024 and filed on 4 November 2024 was misconceived, lacked merits and was accordingly dismissed”, Justice Jaiteh declared.
