The High Court of The Gambia, presided over by Justice Ebrima Jaiteh, has dismissed a motion filed by the second defendant, Saikou Drammeh, seeking to file an additional list of documents in the ongoing civil suit involving Gach Global Trading Company.
Counsel I. Drammeh alongside A. Tambedou represented Gach Global, while Counsel K. Jallow and B.S. Conteh represented the first and second defendants, Khadijatou Kebbeh and Saikou Drammeh.
Counsel B.S. Conteh informed the court of a motion moved by Counsel Akimbo for the second defendant.
Both Counsel I. Drammeh and K. Jallow acknowledged receipt of the motion; however, Justice Jaiteh noted the court had not yet received its copy.
In moving the motion, Counsel Akimbo informed the court that the second defendant sought to file an additional list of witnesses, supported by a 13-paragraph affidavit.
During the proceedings, Justice Jaiteh interjected, asking the counsel to specify the law or procedural rule being relied upon. “I don’t sit on here to make decisions without relying on the law; it’s the law that guides my decision,” Justice Jaiteh emphasised.
After Counsel Akimbo was unable to provide a specific legal basis, he applied to withdraw the motion to reapply later. This was strongly opposed by the Plaintiff’s counsel, who urged for an outright dismissal.
In delivering the ruling, Justice Ebrima Jaiteh stated:
“The 2nd Defendant brought a Motion on Notice dated and filed on the 5th day of February 2026 seeking leave of this Honourable Court to file an Additional List of Documents. However, Counsel was unable to point the Court to any specific law, rule, or procedural provision under which the application was brought.
Firstly, pleadings in this matter have long been closed, and pre-trial procedures have been completed.
Secondly, the Applicant failed to disclose the legal basis of the application. The Court cannot exercise discretion in a vacuum.
Guided by the Court of Appeal in Thelma Bolane Fowlis v. Joseph Joof, permitting parties to rectify procedural deficiencies after arguments have begun would foster complacency and compromise the finality of court proceedings. Once an application has been formally moved, the Court is duty-bound to determine it definitively.
Accordingly, the request to abandon the motion for later reconsideration is refused, and the Motion on Notice is hereby dismissed.
The 2nd Defendant is ordered to proceed and open his defence forthwith.”
Saikou Drammeh, took the stand. A resident of Brufut and a petroleum engineer, he opted to speak in English and swore by the Qur’an.
Counsel B.S. Conteh applied to have Saikou Drammeh’s written Affidavit of Testimony, dated June 2022, adopted as his evidence-in-chief. Both defence Counsels didn’t object and the court granted the request.
The sword-written affidavit of testimony of Saikou Drammeh asserted that the Gach Global’s Managing Director was Fatou Golden Plaza, not 78 Hagan Street as claimed. He testified that, by virtue of its license, Gach Global cannot export any petroleum products.
Drammeh stated he was informed by Gach Global that they had won a bid to supply the Gambia National Petroleum Corporation (G.N.P.C). He claimed that, as General Manager of Gam Petroleum, he acceded to a plea to allow Gach Global to uplift fuel on a “negative balance”.
“This arrangement was based on an understanding that the product would be replenished “litre for litre” once Gach Global’s expected shipment of 25,000 Metric Tonnes arrived,”
Saikou Drammeh noted that Gach Global was listed as a debtor only after the expected shipment failed to arrive and the company failed to replace the fuel uplifted on credit.
Saikou Drammeh’s written testimony categorically denied requesting or receiving any personal payments, in cash or otherwise. He refuted the allegation that a sum of $221,000 was paid to him or Gam Petroleum by the 1st Defendant (Kaddijatou Kebbeh)
He challenged the Plaintiff’s claims regarding a third party named “Kuringo,” stating he does not know the individual and that related WhatsApp messages did not originate from him. He further denied confirming the receipt of any money to the Plaintiff’s witness, labelling such claims as “absolute falsehood”.
Saikou Drammeh maintained that his department kept accurate records of all fuel uplifts made by G.N.P.C at the instance of the Plaintiff. He clarified that he was never arrested or detained regarding any money allegedly received from Gach Global or its agents.
He dismissed the Plaintiff’s entire witness statement as being “replete with outright falsehood, concoction and fabrications”.
To be continued with cross-examination by Counsel K. Jallow
