Preface

151
UIN THE HIGH COURT OF THE GAMBIA
UIN THE CADI APPEALS PANEL
UHOLDEN AT BANJUL
BETWEEN:
APPEAL NO. AP/12/2011
EDY TOUREY…………………………………………………………… APPELLANT
AND:
ALHAJI MALICK GAYE & 5 ORS………………………………....RESPONDENTS
{Before: Justice Omar A. Secka Chairman, Justice Tijjani Y. Yakasai, Alh. Essa F.
Darboe Panelist, & Alh. Sering Muhammad Kah Panelist at Banjul on Thursday,
June 30, 2011}
UPRINCIPLES:
1. Where there are two or more issues pending before a court awaiting
determination, the court is enjoined to first and foremost take up the one
that picks holes in its jurisdiction before taking any further step. This is to
avert wasting court's precious judicial time in a futile exercise. See Ofia VS.
Ejem (2006) 11 NWLR (p.t 992) 652 at 663.
2. Jurisdiction is the bedrock of any valid judicial proceedings that is why its
determination does not only assume prominence and takes precedence in
adjudication but its challenge can be raised at any stage of the proceedings.
See Banna v Ocean View Resort Limited 2002-2008 GLR VOL. 1 where it
was held per Agim JCA that ”The issue of jurisdiction can be raised at any
stage of a case and once raised it must be determined before any further
step is taken.” Section 137 (4) of the 1997 Constitution of the Gambia has