(gambia) ltd

same point in the ruling in the case of AMADOU JALLOW Vs ALH.BAKARY DRAMMEH. On the other hand Counsel for theAppellant/Applicant Mrs. A.N. Bensouda argued that the contention of theRespondent is misconceived and that it is absolutely right to file a motion torelist a motion. She cited the case of SUNDIATA TRADING CO. LTD VsSTANDARD CHARTERED BANK LTD (2002-2008)2 G.R 45 at 406. Shecontended that a party has the choice depending on the circumstancewhether to apply for the relistment or file a fresh application. In order toresolve this issue let me look at the provision of Order 34 Rule 6 of theHigh court rules Cap 6:01 Laws of the Gambia. Order 34 Rule 6 Provideas follows:-“Any cause struck out may, by leave of the court be replaced on the causelist on such terms as to the court may seem fit.”By virtue of Order 34 Rule 6 of the High Court Rules, it is clear that it is onlya cause that is struck out that can be relisted by the Court. So, let me seewhether a motion can be termed a cause. According to Shroud’s JudicialDictionary at page 421 “cause” is not a technical word signifying one kindor another, it is cause jurisdictions, any suit, action, matter or similarproceeding competently brought and litigated in a court. Cause is alsodefined to include “any action, suit or other original proceeding between aplaintiff and defendant and any criminal proceeding by the Crown. It alsodefine “reasonable cause” to mean “Just cause” and cause of actions tomean and entire set of facts that gives rise to an enforceable claim. Itdefines cause of action as being materially different from “ACTION”. Inother words does the definition of a cause include a motion? This is themain issue here. In order to better understand the word, let me look at therules itself and see whether the entire Order 34 Clearly shed light on theword “Cause”.ORDER 34 RULE 2 Provides as follows“If the plaintiff does not appear the Court shall unless it sees good reasonto the contrary, strike out the cause except as to any counter-claim by the9