Tuesday, December 5

Bora’s D7M claim against State set for judgment

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During the last hearing on the 17th of October 2023, Counsel F. Drammeh appeared for the 1st and 2nd respondents. She explained that they were served with a motion of notice on October 16th, 2023, and with the amended originating summons on the same morning. 

Counsel Drammeh requested an adjournment because they had intended to file an affidavit in opposition before the amendment.

Today, when the case was called to proceed, Counsel L.S. Camara for Bora informed the court that they had just been served with an affidavit in opposition 5 minutes prior in the courtroom. Counsel Camara asked the court to strike out the affidavit or award a cost.  

State Counsel Jobarteh admitted to the argument of Counsel Camara and informed the court that the counsel handling the case had travelled out of the jurisdiction and returned just the day before, but he would not take that as an excuse.

Considering the delay caused, State Counsel Gibba stated that he would personally pay the cost. In response, Counsel Camara said that since State Counsel Gibba accepted to pay the cost personally, he would waive the cost.  

Counsel Camara added that his conscience would not allow his learned friend to pay the cost unless it was coming from the state. Counsel Camara then withdrew the request for cost and sought an adjournment to reply, which was accepted by the court.

Counsel Gibba informed the court that they would file their affidavit in reply by the 1st of November 2023. He requested one day to file a reply on a point of law. Counsel Camara, on the other hand, sought a day to file redress.

Presiding Judge, Justice Jaiteh, granted the adjournment with the consent of both counsels. Justice Jaiteh provided filing deadlines as follows: the counsel for the applicant (state) has until Wednesday, 1st November 2023 to file their affidavit in reply, Counsel Camara has until Monday, 6th November 2023 to file their brief of argument, and Counsel Gibba for the state has until Wednesday, 8th November 2023 to file their brief.

Jaiteh further gives Counsel Camara a day on the 9th of November 2023 to file a reply on a point of law, and it shall be deemed adopted upon filing. 

Finally, Justice Jaiteh stated that the court would deliver judgment on Friday, 10th November 2023 at 10:00 a.m.