Africa-Press – Gambia. The Gambia Court of Appeal, presided over by Hon. Justice A. Saho Ceesay, granted Alhaji Abdoulie Bajaha an appeal to the Supreme Court in an ongoing land ownership dispute against Muhammed Camara, son of the late Alkalo of Baja Kunda in Wuli East District, Upper River Region.
The dispute originates from a claim filed by Camara, on behalf of the Bajaha family, before the Wuli East District Tribunal, asserting ownership over a compound in Baja Kunda allegedly belonging to the appellant, Bajaha. The Tribunal initially ruled in favor of the Camara family.
However, this ruling was overturned by the Basse High Court, presided over by Justice J. Sanneh, which ordered a retrial before the Upper River Region Group Tribunal. That tribunal reaffirmed the earlier decision, but the High Court again set it aside, directing that the matter be tried afresh under the High Court’s original jurisdiction for a declaration of title.
Justice Ceesay, delivering the ruling of the Court of Appeal, noted that the High Court had set aside the tribunal’s decision on grounds of alleged denial of fair hearing specifically, the Tribunal’s conduct in examining parties and witnesses. However, she stated that this issue was not included in the amended grounds of appeal before the High Court.
The Court of Appeal found that the High Court erred in relying on a ground not properly before it and reinstated the Tribunal’s judgment.
Justice Ceesay noted that although the appellant’s affidavit was deemed procedurally and substantially inadequate, his attached notice of appeal raised a significant constitutional question regarding the right to a fair hearing.
Accordingly, the Court of Appeal granted leave under Article 128(2) of the 1997 Constitution, allowing Bajaha to appeal to the Supreme Court. A stay of execution on the High Court’s judgment, delivered on 18 July 2024, has also been ordered pending the outcome of the Supreme Court proceedings.
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