The High Court has denied a request by Khadijatou Kaddijah Kebbeh, a defendant in a civil lawsuit filed by GACH Global Trading Company Limited, to testify via Zoom from abroad. The ruling, delivered by Justice Jaiteh, requires Kebbeh to appear in person for her testimony.
Kebbeh, represented by Counsel K. Jallow, sought the virtual appearance, citing residency in Dubai, professional obligations, and the care of a two-year-old child. The motion, filed on Oct. 24, 2025, invoked Practice Direction No. 1 of 2022, which encourages the use of technology in court proceedings “where possible and appropriate.”
Justice Jaiteh dismissed the application, calling it “unmeritorious” and legally insufficient. The court found that Kebbeh’s legal team failed to provide credible documentary evidence—such as passport records, employment letters, or proof of her child’s age—to substantiate claims that travel to The Gambia would be impracticable.
“The failure to attach any supporting documents renders the affidavit in support bare, unsubstantiated, and legally insufficient,” Justice Jaiteh said. He added that allowing unproven assertions to justify virtual testimony could undermine public hearings, judicial transparency, and the equal treatment of litigants.
The ruling also addressed objections raised over the admissibility of the opposing affidavit submitted by the second defendant, Saihou Drammeh, a former managing director of Gampetroleum. Kebbeh’s counsel had argued that portions of Drammeh’s affidavit violated the Evidence Act of 1994. Justice Jaiteh rejected these claims, noting that the contested paragraphs contained factual denials, not legal argumentation, and complied fully with the law.
The High Court emphasized that virtual testimony is not a legal right but a discretionary measure to be granted only in exceptional circumstances. Justice Jaiteh concluded that Kebbeh had not met this standard.
“The first defendant shall appear in person before this Honourable Court on the next adjourned date to adopt her witness statement and to be cross-examined,” the ruling stated.
The case, which also names Saihou Drammeh as a co-defendant, continues to attract attention in Gambian business and legal circles, highlighting the judiciary’s cautious approach to the use of virtual proceedings in civil litigation.