By: Isatou Sarr
Justice Sonia Akinbiyi of the Banjul High Court yesterday granted a stay of proceedings in the case between the Kanifing Municipal Council (KMC) and eight defendants, namely: Sainabou Martin Sonko, Dr. Alieu Keita, Bakary Jawo, Mam Kaba Bass, Bubacarr Sanyang, Minister of Lands, Regional Government & Religious Affairs, Inspector General of Police, and the Attorney General.
It would be recalled that on October 16, 2024, KMC filed a motion, seeking a stay of proceedings pending the Supreme Court of The Gambia’s decision in case SCC/8/02/2023. The motion requested any additional orders the court deemed appropriate.
The application was supported by an affidavit from Fatou Waggeh, a clerk in the Attorney General’s Chambers. The respondent filed an opposing affidavit from Abdoulie Kujabi, a legal clerk at Senghore Law Practice, on October 18, 2024.
In her ruling, Justice Akinbiyi noted that the central issue to be decided was whether continuing the hearing of this suit was redundant due to the pending matter in the Supreme Court.
The KMC, the Judge stated, argued that the Supreme Court case arose from a February 2023 incident and maintained that proceeding with the current case while the Supreme Court matter has yet to be resolved, would be futile.
The respondent’s counsel countered that the case before this court was filed in 2022, before the February incident. They claimed the reliefs sought in both cases were different. The plaintiff is requesting a ruling that the actions of the 6th, 7th, and 8th defendants—who installed the 1st defendant in the plaintiff’s premises despite a council resolution—were illegal and amounted to trespass and that the current case seeks damages and an injunction against the defendants from interfering with the plaintiff’s work, pending ongoing investigations.
Justice Akinbiyi affirmed that a stay of proceedings can only be granted in exceptional circumstances and must be applied judiciously based on the specific details of each case.
