Gambiaj.com – (BANJUL, The Gambia) – Lawyer Lamin K. Mboge, counsel for Amie Bojang, has asked the Court of Appeal to dismiss the State’s appeal in the case involving Ousainou Bojang and Amie Bojang, arguing that the appeal was improperly filed and is therefore incompetent.
The application was made during proceedings before a three-member panel of the Court of Appeal comprising Justices N. Salla-Wadda, Basiru V.P. Mahoney, and Amina Saho-Ceesay.
Following submissions, the court directed counsel for the second respondent to file written arguments on the preliminary objection within seven days. The State was also granted seven days to file its response, while the second respondent was given an additional three days to submit a reply on points of law.
State Counsel A. Badjie, assisted by F. Touray, appeared for the appellant. B.M.O. Badjie, holding brief for L.J. Darboe, represented first respondent Ousainou Bojang, while L.K. Mboge appeared for second respondent Amie Bojang.
In a notice of preliminary objection, Mboge contends that the State’s appeal is incompetent and should be struck out. He argues that the appellant failed to attach a copy of the judgment being appealed against and did not obtain leave from either the High Court or the Court of Appeal before lodging the appeal.
According to Mboge, these omissions are fatal to the proceedings and deprive the Court of Appeal of the jurisdiction to entertain both the appeal and a motion filed by the State on 29 April 2026.
The objection further indicates that additional grounds may be raised during the hearing of the preliminary objection.
The matter has been adjourned to 13 July 2026, when the Court of Appeal is expected to hear arguments on the preliminary objection and receive submissions from all parties.
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