in the high court of the gambia in the matter of an application to ...

2. Further or other relief this Honourable Court shall deem fit to make.This application is supported by a 5 paragraph affidavit filed on the 1 st ofSeptember 2010, sworn to by one SALLY DRAMMEH, attached is exhibit SD1the order of this court granting leave to apply for certiorari, and astatement setting out the grounds upon which the relief is sought. Thegrounds are:i. The purported judgement of the tribunal is a nullity as it had nojurisdiction to entertain the suit having failed to join the person inlegal possession contrary to section 6 of the subordinate Courts (civilproceedings) Act Cap 8.02.ii. The tribunal’s findings are contrary to the rules of natural justice as itsscribe Mr. Longs Jarjue participated in recording the proceedings ofhearing and read the judgement of the tribunal even though he wasthe main witness for the plaintiff in the said civil suit no 012/08between HASSIB T. MASSRY the respondent herein and Hassan Corrthe Applicant herein.Respondent in opposing this application, filed an 8 paragraph affidavit inopposition dated the 15 th September 2008 sworn by HASSIB T. MASSRYAt the court’s sitting on the 27 th August 2008 the court presided over by HonJUSTICE WOWO granted leave to the applicant to apply for an order ofcertiorari.The applicant filed a written address on the 12 th January 2010. Thereafter therespondent filed a written address dated 15 th February 2010.In the written address of the applicant learned counsel for the appellantconceded that section 6 of the subordinate courts (civil proceedings) Act cap8.02 does not apply to District Tribunals and therefore abandoned the words inground (i) of the statement which stated that “contrary to section 6 of thesubordinate courts (civil proceedings) Act cap 8.02”. Counsel for the Applicanthowever maintained that the tribunal acted without jurisdiction.Counsel for the Applicant formulated one issue as:2