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128<br />

UIN THE HIGH COURT OF THE GAMBIA<br />

UIN THE CADI APPEALS PANE<br />

UHOLDEN AT BANJUL<br />

APPEAL NO. AP/ 9/2011<br />

BETWEEN:<br />

SANKUNG CEESAY……………………………….…………….APPELLANT<br />

AND:<br />

BAKARY CEESAY…………….…....………….……….……....RESPONDENT<br />

{Before: Justice Omar A. Secka Chairman, Justice Sadik U. Mukhtar , Essa F.<br />

Dabo Panelist & S. Y. Kah Panelist at Banjul on Thursday, April 14, 2011}<br />

UPRINCIPLES:<br />

1. Where an appeal is not properly brought before the Panel the proper order<br />

is one of striking out under Order is one of striking out under Order 28 of<br />

the Cadi Appeals Panel Rules 2009.<br />

2. Where an appellant is out of time to file an appeal before the Cadi Appeals<br />

Panel (as it is in the instant case), he needs the extension of time and the<br />

leave of the Panel through a proper application brought pursuant to Order<br />

IV Rule 15 of the Rules of this court to enable him properly file and argue<br />

the appeal.<br />

3. This appeal having been filed out of the 30 days period allowed by Order III<br />

Rule 5 of the Rules of this court in disregard of the said Order IV Rule 15,<br />

the Panel has no option than to strike it out.

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