Court of Appeal
1. ESTABLISHMENT AND COMPOSITION
S.129(1) of the Constitution provides that
“There shall be a Court of Appeal of The Gambia which shall consist of –
- the President of the Court of Appeal;
- not less than three Justices of the Court of Appeal; and
- such Judge of the High Court as the Chief Justice may, by writing under his or her hand, select to sit in the Court of Appeal for the determination of a particular cause or matter.
Provided that no Judge shall be selected under this paragraph unless he or she is qualified to be appointed a Judge of the Court of Appeal.”
S.129(2) provides that –
“The Court of Appeal shall be constituted by three judges of the court.
Provided that a single judge of the Court may exercise the powers of the Court in any interlocutory matter, subject to an appeal from his or her decision to a bench of three judges of the Court.”
S.130 of the Constitution provides that –
- “The Court of Appeal shall have jurisdiction to hear and determine appeals from judgments, decrees and orders of the High Court, and such other appellate jurisdiction as may be conferred on it by an Act of the National Assembly.
- The Court of Appeal shall have jurisdiction in appeals from Court Martial in the manner provided by law.
- An appeal shall lie as of right to the Court of Appeal from any judgment, decree or order of the High Court.
- For the purposes of hearing and determining any appeal within its jurisdiction, the Court of Appeal shall have all the powers vested in the court from which the appeal is brought.”
By virtue of S.130(1) and (2) of the Constitution all decisions and orders of the High Court are appealable as of right. The appellant does not require any leave of the court to appeal against any decision or order of the High Court. so that the provisions of Ss.3 and 5 of the Court of Appeal Act Cap 6:02 Vol.II Laws of the Gambia or any law requiring leave of court to appeal are in conflict with S.130(1) and (2) of the Constitution and are therefore void.