Defence to Appeal against Dismissal of Application
Baba Jobe and co-defendants are said to be considering filing an appeal against the High Court’s dismissal of their application contesting the plaintiff’s suit. This was revealed by the defense counsels, who also applied for a stay of execution shortly after the ruling.
The High Court, presided over by Justice Haddy Roche on Friday, 15th June, dismissed the defence’s application filed before the court, contesting the plaintiff’s claim on the grounds that the wrong people had been dragged to court.
In her ruling, Justice Roche stated that the application filed by the defence is for the dismissal of the plaintiff’s claim, adding that the application is not contesting the jurisdiction of the court.
She further stated that the court was in disagreement with the defence as there is a breach of contractual agreement between the defendants and the plaintiff.
Justice Roche stated that the plaintiff’s claim shows a cause for action against the defendants, which however needed to be proven. She said it is the defendants who are on a fishing exhibition and not the plaintiff, noting that the defendants had waited for two years to contest the plaintiff’s claim against them.
Justice Roche finally ruled that the defendants’ application was therefore dismissed and the plaintiff should be allowed to prove its case.
It could be recalled that Guaranty Trust Bank had filed a claim of D7m (seven million dalasis) against four defendants, Philip Thompsett, Lynn Wilson, Lloyd Bourogh and Baba Jobe.
Lawyer Janet Sallah-Njie represented Phillip Thompsett, Lynn Wilson and Lloyd Bourogh while Lawyer Lamin Camara represented Baba K. Jobe.
The plaintiff, Guaranty Trust Bank, is represented by Lawyers Ida Drammeh and Mene.