By Isatou Sarr
The High Court has ordered that the record of proceedings in the appeal of Pa Abdou Demba versus the State be returned to a magistrate to reconstruct a missing judgment from the lower court.
Justice S.K. Jobarteh delivered the ruling after noting that the judgment forming the basis of the appeal was absent from the record.
The appeal, which came before the High Court on July 15, 2025, required transmission of the lower court record for determination. Review revealed that the judgment of the Brusubi Magistrates’ Court, essential for appellate review, could not be found.
A memo from the Assistant Registrar dated November 12, 2025, confirmed that despite diligent efforts, the judgment remained missing. The trial Magistrate had left the jurisdiction, and the laptop containing the judgment was lost.
Justice Jobarteh stressed that the judgment of the trial court was central to an appeal. “Without it, the appellate court cannot ascertain the reasoning behind the decision, evaluate the merits of the appeal, determine whether the findings were supported by evidence, or assess whether there was any error in law,” he said.
He noted that proceeding without the judgment would amount to speculation and undermine the principles of fair hearing and due process.
The ruling highlighted that an appeal cannot be properly adjudicated if the record is incomplete. The absence of the judgment was described as a substantive defect going to the root of appellate jurisdiction.
Striking out the appeal for want of a complete record would leave the dispute unresolved, while dismissing it outright would be unjust, as the High Court had not examined the lower court’s reasoning.
To safeguard justice, Justice Jobarteh directed the Honourable Master of the High Court to remit the record to a Magistrate for reconstruction of the missing judgment. The reconstruction is to be completed within one month.
Copies of the ruling were to be provided to both the Master and the Registrar of the High Court.
The case has been adjourned to Thursday, April 30, 2026, at 10:00 a.m. for further mention, allowing time for the Magistrate to complete the reconstruction.
