By: Isatou Sarr
The High Court in Banjul has dismissed an application seeking to halt the execution of a judgment over a disputed boat, saying that the request was filed too late and was procedurally flawed.
Justice Sonia Akinbiyi K.J.W delivered the ruling in a civil matter between Kathryn E. Smith and Borry Manneh, where the applicant sought an interlocutory injunction to restrain the respondent from dealing with a vessel known as “Quadru Tour” pending appeal.
In her decision, the judge held that the application, brought five months after the initial judgment, suffered from “inordinate delay” and failed to meet the legal threshold required for such relief.
The court noted that applications seeking to stay execution must be filed promptly and must demonstrate special circumstances. Citing established legal principles, Justice Akinbiyi stressed that the applicant neither explained the delay nor provided sufficient grounds to justify the request.
A key issue in the case was the nature of the application itself. The court agreed with the respondent that the matter had already moved beyond the interlocutory stage following judgment, and that the proper legal remedy should have been a stay of execution, not an injunction.
On the substance of the application, the applicant argued that the appeal raised complex legal questions regarding ownership and control of the boat, and that interference with its management would cause harm. However, the court found these arguments unconvincing.
Justice Akinbiyi further observed that the applicant had failed to comply with earlier court orders relating to the management of the vessel, describing this as conduct that undermined the request for discretionary relief.
“The balance of convenience favours the respondent, who has been denied the fruits of judgment for five months,” the judge stated, adding that granting the application would unjustly prolong that situation.
She also ruled that the applicant had not demonstrated any irreparable harm that would result from allowing the judgment to be executed.
In dismissing the application, the court emphasised that the mere existence of an appeal, even one raising complex legal issues, does not automatically justify halting enforcement of a judgment.
The ruling clears the way for the respondent to proceed with enforcement, bringing a decisive turn in the dispute over the operation and control of the “Quadru Tour” vessel
