IN THE HIGH COURT OF THE GAMBIA

In order to properly determine the issues, I find myself asking this question, “does the
appellant’s/applicant’s behaviour tantamount to an abuse of process? Justice I.T.
Muhammad JSC in the case of CHIEF VICTOR UMEH & OTHERS v PROFESSOR
MAURICE IWU & OTHERS, NIGERIAN SUPREME COURT QUARTERLY LAW
REPORTS, JUNE 2008 Vol. 34 PART on page 1137 held that “an abuse of court
process simply means that the process of the court has not been used bona fide and
properly. It also connotes the employment of judicious process by a party in improper
use to the irritation and annoyance of his opponent and the efficient and effective
administration of Justice”.
I find that this application is not only vexatious but an abuse of court process. In view of
the above above mentioned the application to relist is hereby refused.
Since prayer one for relisting has failed, dealing with prayer 3 which is asking for a stay
of execution would be an exercise in futility. Consequently prayer 3 is redundant and
fails.
The appellants/applicants are hereby ordered to pay Cost of D20, 000.00 (twenty
thousand dalasis).
..................................................
HON JUSTICE A. JOOF
(JUDGE)
25 th October 2010
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