IN THE GAMBIA COURT OF APPEAL

Bank of The Gambia V Continent Bank Ltd Misc. App, No.1/91 (1990-
83) GR.335.
The litera legis of Rule 14 (1) and (2) supra, are clear and unambiguous, as to
the time within which an appeal against an interlocutory decision of the High
Court should be brought i.e. within fourteen days from the date of the decision
appealed against. Rule 14 (4) (supra), also postulates the fact, that an
application for an extension of time to file an appeal against an interlocutory
decision, outside the fourteen days statutorily prescribed, can only be
competent, if it is filed, within one month after the fourteen days statutorily
prescribed for such appeals has expired. I count it now settled law, that failure
by an appellant to comply with the provisions of Rule 14 GCA rules in filing an
appeal divests this court of jurisdiction to entertain same. See Banna Beach
Hotel Ltd V Thompson Holiday Ltd (supra). Alagie Jallow V Guaranty
Trust Bank (unreported decision of the Gambia Court of Appeal delivered on
the 22 nd of December 2009, in Misc. App. No.2/2009). In Moore V
Tayee (1932) 2 WACA 43 at 44-45 per Lord Atkin, put this position thus:
“it is to be remembered that all appeals in this country and elsewhere exists
merely by statute and unless the statutory conditions are fulfilled no jurisdiction
is given to any court of justice to entertain them”.
It is in the light of the totality of the reasons ante, that I reiterate my position,
hereinbefore, expressed in this judgment, that the Appellants rights to file an
appeal against the Ruling of the 18 th of December 2002 is irredeemably
extinguished.
I say this because the Appellant had 14 days from the 18 th of December,
2002, to file this appeal, he failed to do so. There is nothing in the processes
filed or in the record before the court, to demonstrate, that an extension of time
to file the said appeal was applied for, or granted, either in the court below, or in
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