By Kebba Jeffang
Lawyer Lamin K. Mboge, the defence counsel for Shiekh Muhideen Hydara, the Caliph General, and Alkalo Buyeh Touray, both from Darsilameh Sangajor, yesterday, 29th October, 2014 applied for an adjournment to enable him to further regularize his petition of appeal.
The application was granted by the court. In making the application in a crowded courtroom before Justice J.E Ikpala of the Brikama High Court, the defence counsel said he wanted to regularize the petition by serving the respondent (the state) in time after filing an additional affidavit in support of his appeal.
The counsel representing the State, A. Jallow, was not present and when the trial judge enquired, the Clerk informed the Court that the said counsel did not give any notification regarding his absence. The trial judge then allowed the hearing of the case to proceed.
Lawyer Mboge, at this juncture, applied to the court to allow his client (1st appellant) to be seated due to his age and ill health. The trial judge, however, overruled the application and ordered the appellants to remain standing.
“I have filed an additional affidavit to the previous motion dated 17th September, 2014, to support our earlier application of the stay off proceedings at the lower court,” said counsel.
The trial judge asked him whether he wished to rely on the amended appeal. The defence counsel responded in the affirmative.
The judge further asked him if he has served the state with that amended appeal and he replied in the negative.
“Since the motion for amendment of the petition of appeal before this court has not yet been served on the respondent, I wish to apply for a short adjournment to enable me to file an amendment of the petition to move it and serve the state counsel in time,” said Lawyer Mboge.
The defence counsel further told the Court that they only had three working days since the last adjourned date in which they were able to regularize the record of the lower court’s proceeding, the amendment of the motion as well as regularize the content of the appeal. He said this adjournment will allow them to serve the state on time.
While adjourning the matter to 11 November, 2014 at 12pm, Justice Ikpala warned that he will dismiss the appeal before him if the defence counsel fails again to put his house in order. He advised the defence counsel to serve the state counsel well before the next adjournment in order to avoid delaying the matter which, he added, will result in the dismissal of the appeal.