From The Indepentent - By Omar Bah

APPEAL COURT DISMISSES ATTORNEY GENERAL’S APPLICATION

The Gambia Court of Appeal on Wednesday dismissed an application by Joseph
Joof to withdraw D50,000 he allegedly deposited in court on behalf of Jeggan
Grey-Johnson in his ongoing legal tussle with Elie Nachif of Yellowgate over
a musical recording contract.

Elie Nachif took Mr Grey-Johnson to court after he allegedly failed to pay
an amount agreed over a musical recording contract. In June 1999, Justice
Mam Yassin Sey of the High Court delivered judgement in favour of Elie
Nachif, ordering Mr Grey-Johnson to pay 80,000 plus interest and cost.

However, when Mr Grey-Johnson allegedly failed to pay the amount, Mr Nachif
filed a judgement debtor’s summons, and after the matter was examined,
Justice Sey again ordered Mr Grey-Johnson to pay D50,000 and the balance to
be paid by instalments.

While Mr Grey-Johnson appealed against Mam Yasin Sey’s judgement, he also
filed a motion for a stay of execution, Justice Sey however refused to grant
the stay of execution unless Mr Grey-Johnson deposits the D50,000 in court,
which was later complied with.

However, while the case was proceeding in The Gambia Court Of Appeal, the
newly appointed Attorney General and Justice Secretary Joseph Joof recently
filed a motion in the court, applying to withdraw the D50,000 deposit which
he claimed to have paid on behalf of Mr Grey-Johnson. However, Emmanuel
Chime, counsel for Elie Nachif opposed the application to withdraw the
deposit on the grounds that his client never dealt with Joseph Joof and that
he (Joof) was not a party to suit.

During Wednesday’s sitting, Mrs Hawa Sisay-Sabally, representing Joseph Joof
applied to the court to withdraw the application for the withdrawal of the
D50,000 deposit. Both counsels for Mr Grey-Johnson and Elie Nachif, Messrs.
Bola Carrol and Emmanuel Chime said they had no objection to the withdrawal
of the application.

However, in his ruling, the president of The Gambia Court of Appeal Justice
Gelega King dismissed the application on the grounds that Joseph Joof had no
right to bring it before the court.

The case was adjourned to March 29th for further hearing.

Justice Gelega-King was sitting with Justice A.D Yahya and Justice J.
Akambe.


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