Saturday, June 3

Justice Ebrima Jaiteh overrules counsel’s objection

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By Mama A. Touray

Justice Ebrima Jaiteh, of the Banjul High Court, on Thursday, overruled counsel B Andrew’s objection in regards to the appearance of Counsel Borry S Touray, counsel for the applicants in the application for the enforcement of a fundamental right and freedom suit between ten applicants and eight schools and the Attorney general.

In her argument, Lawyer Andrews stated that Counsel Borry S Touray’s appearance is not in the record and that he cannot appear for the applicants in the matter, relying on section 44 of the legal practitioners act.

Lawyer Andrews continued that they have two counsels to represent on behalf of their chambers and that Counsel Borry S Touray knows that if a lawyer wants to take the place of the other one there are processes to be served to do that, and until Borry S Touray does that he cannot appear in this matter.

However, Counsel Borry S Touray also argued that the said section read by Lawyer B Andrews has no bearing on his appearance for the plaintiff.

“The processes were prepared in my office under my supervision, I am the head counsel in the Crown Chambers and there is nothing stated by Counsel B Andrews which denies the plaintiff their right to have chosen me to represent them at the court and I urged the court to dismiss the objection made by Counsel Andrews on my appearance for the plaintiffs.”

Meanwhile, Justice Ebrima Jaiteh in his ruling ruled that Counsel Borry S Touray has the right to represent the applicants in court, and that counsel in the same chambers can appear for one another but counsel from different chambers cannot appear for one another.

However, the matter has been adjourned to the 20th of June at 10 am, the 27th of June at 10 am, the 4th of July at 11 am, and the 10th of July 2023, for the hearing of motions filed by the respondent’s counsels.