Courtesy of The Independent (April 6, 2001)
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IN THE ELIE NACHIF – JEGGAN GREY-JOHNSON LEGAL TUSSLE,
APPEAL COURT STRIKES OUT MOTION TO WITHDRAW DEPOSIT

By Omar Bah

The Gambia court of Appeal on Wednesday rejected an application by Jeggan
Grey-Johnson to withdraw D50,000 deposited at the High Court, after the
Attorney General’s application to withdraw the same amount was also earlier
dismissed by the same court.

The Attorney General Joseph Joof had earlier filed a motion at the Court of
Appeal to withdraw the money, which he claimed to own, from the High Court.
The court ruled that Mr. Joof was not a party in the case and therefore had
no right to bring forward such an application.

After the Court dismissed the application by the Attorney General, Jeggan
Grey-Johnson also filed an application stating that he wanted to withdraw
the deposit. When the matter came up on Wednesday, Bola Carrol, counsel for
Jeggan Grey-Johnson the appellant, moved the motion to withdraw the money.
However, one of the panels of judges, Justice A.D. Yahya, asked him whether
there is an appeal against the ruling, which ordered Jeggan Grey-Johnson to
deposit that money, he answered in the negative. He was then told that the
best thing to do was to negotiate with Emmanuel Chime, counsel for Elie
Nachif. Mr Carrol then said, “my lord, I take the hint from the court and I
am now applying to withdraw my motion.”

The President of the Gambia Court of Appeal, Justice Gelega King, then asked
Mr. Chime if he had any objections, and he replied that he did not have any
and added that he would not even be asking for costs. The application was
therefore stroke out.

Earlier objections by Mr Chime before the matter was adjourned for some
minutes stated that the motion was an abuse of the court process. He added
that all those were plans by Grey-Johnson to show himself as someone who
does not have money while he has money.

Elie Nachif of Yellowgate Studios took Jeggan Grey-Johnson after he
allegedly failed to settle an amount agreed over a musical contract signed
between the two of them. In June 1999, the High Court presided over by
Justice Mam Yassin Sey delivered judgement in favour of Elie Nachif ordering
Mr. Grey-Johnson to pay D80,000 plus interests and costs.

However, when Mr. Grey Johnson allegedly failed to pay the amount, Elie
Nachif filed a debtor’s summons and after the matter was examined by the
High Court, Justice Sey again ordered Mr Grey-Johnson to pay D50,000 deposit
and the balance to be paid by instalments.

When Mr Grey-Johnson appealed against Justice Sey’s judgement, he also filed
a motion for a stay of execution. Justice Sey however refused to grant the
stay of execution unless Mr. Grey-Johnson deposits the D50,000 in court,
which was later complied with, which is the amount that the Attorney General
wanted to withdraw from the court as his own money.

Justice Gelega-King and Justice A.D. Yahya were sitting with Justice J.
Akamba.


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