BAI MATARR DRAMMEH & ANOR V DEBORAH HANNAH

FOSTER & ORS GAMBIA LAW REPORTS (2002-2008) VOL. 2

The applicant seeking an ex-parte order for an injunction must show
the legal right he seeks to protect. The right must have existed status-
quo ante bellum and not a right the applicant seeks to secure in the
future by the contest.
Judicial restatements insist that an ex-parte injunction should not be
made to last till the determination of the suit. They can only last for a
short or interim period pending when both parties can be heard in
respect of an interlocutory injunction.
Where an ex-parte order is made to last till the determination of the
suit, the Courts have characterized it as a violation of the respondent’s
right to a fair hearing, as an illegality, an abuse of court process and a
nullity.

FELIX THOMAS v ANNETTE IBKENDANZ GAMBIA LAW

REPORTS (2002-2008) VOL. 2

An ex-parte injunction can be granted by a Court for extremely urgent

reasons. Such discretionary power to grant must however be exercised
judiciously.

Order 12 of The Courts Act Cap 6:01 is entitled injunctions etc Rule 1
states in part that:- ‘’In any suit which it shall be shown to the
satisfaction of the Court that any property which is in dispute in the
suit is in danger of being wasted, damaged, or alienated by any party
to the suit, it shall be lawful for the Court to issue an junction to such
party…’’
When an ex-parte application which does not fall under Order 12 is
properly brought under Order 26, a Judge can grant the appropriate
injunction if the justice of the matter calls for it.