By: Isatou Sarr
Justice Sonia Akinbiyi yesterday delivered a pivotal ruling that significantly reduced the scope of a complex lawsuit involving Kanifing Municipal Council and eight defendants.
The case involves KMC as plaintiff against Sainabou Martin Sonko (1st defendant), Dr. Alieu Keita (2nd defendant), Bakary Jawo (3rd defendant), Mam Kebba Bass (4th defendant), Baboucarr Sanyang (5th defendant), Ministry of Lands, Regional Government and Religious Affairs (6th defendant), Inspector General of Police (7th defendant), and Attorney General (8th defendant).
The defendants had applied on May 23, 2025, seeking to strike out the entire matter, arguing that all reliefs had already been determined by the Supreme Court of The Gambia in case number SCCS/02/2023.
Justice Akinbiyi noted that under the established doctrine of ‘stare decisis’ or judicial precedent, lower courts must follow decisions made by higher courts to ensure certainty in the judicial system.
Both parties agreed that the Supreme Court had already resolved reliefs one through four in its previous ruling. However, KMC strongly argued that the fifth relief concerning trespass and damages fell outside the Supreme Court’s jurisdiction and remained unresolved.
After a detailed examination of the Supreme Court ruling, Justice Akinbiyi confirmed that reliefs one through four had been fully determined by the apex court. She noted that further inquiry into these matters would constitute “an academic adventure aimed at wasting judicial time.”
However, regarding trespass and damages, the Supreme Court had made clear distinctions. In its ruling at pages 34-35, holdings 82-84, the Supreme Court stated: “The current suit is not concerned about whether the plaintiff’s CEO and other senior officers were lawfully or unlawfully sent on administrative leave, that is a matter for resolution before a lower court.”
The Supreme Court emphasized that its jurisdiction was limited to suits invoking original jurisdiction under Section 127 of the Constitution, and that questions of legality regarding the plaintiff’s actions were not within its constitutional mandate.
Justice Akinbiyi ruled that the trespass and damages issue, as identified by the Supreme Court, remains “active and on the hot burner” in the lower court.
Consequently, the application to strike out the matter succeeded only partially. The court struck out reliefs one through four as already determined by the Supreme Court, but the application failed regarding relief five on trespass and damages.
The case will now proceed to trial on the single remaining claim of trespass and damages, dramatically narrowing what began as a multi-faceted legal battle between KMC and the eight defendants.
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By: Isatou Sarr Justice Sonia Akinbiyi yesterday delivered a pivotal ruling that significantly reduced the scope of a complex lawsuit…
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