IN THE GAMBIA COURT OF APPEAL

I have myself carefully perused Grounds 1 to 4 of the grounds of appeal vis a vis
the Ruling of Okoi Itam J delivered on 18 th December 2002, and I am of the
firm conviction that these grounds of appeal clearly emanate from the Ruling of
18 th December 2002 and not from the judgment of 17 th November 2007.
Appellants Counsel conceeded this fact by necessary implication in Appellants
Reply on points of law, wherein she sought to justify the inclusion of the ruling of
the 18 th of December 2002 in this appeal.
It is obvious to me that it was in a bid to raise these grounds of appeal, that the
Appellant couched the Notice of Appeal, to be “based on the Ruling of Okoi
Itam dated the 18 th December, 2002”. It is clear from ground 1 to 4 of the
grounds of appeal, combined with the fact that the appeal is based on the Ruling
of Okoi Itam dated the 18 th December, 2002, that the Appellant is
challenging not only the judgment of the 17 th of November, 2007, but also
the Ruling of 18 th December 2002 in this appeal. The question that begs for
determination at this juncture, is, does this court have the jurisdiction to
entertain and determine the Ruling of Itam J. rendered on the 18 th of
December, 2002, or and any issues emanating there from? I think not. I say
this because, as rightly contended by the Respondent, the right to file an appeal
against the Ruling of Itam J. of 18 th December, 2002, is completely
extinguished.
I count it now settled law that, in as much as S.130 of the Constitution of
Republic of The Gambia 1997, affords an Appellant a right of appeal as of right
to this court, from the decision of the High Court, however, the question of time
to file an appeal against the judgment of the High Court is regulated by statute.
The enabling statute is Rule 14 of the Gambia Court of Appeal Rules
(hereinafter called GCA rules) which provides thus:
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