The High Court in Banjul has granted permission to the Medicines Control Agency, the Ministry of Health, and the Attorney General to call an additional witness in the consolidated lawsuits stemming from The Gambia’s fatal Acute Kidney Injury (AKI) outbreak.
Justice Ebrima Jaiteh issued the ruling in the case of Tumani Jatta & 19 Others v. Maiden Pharmaceuticals & Others, in which families of children who died during the 2022 AKI outbreak are suing five defendants: Maiden Pharmaceuticals Ltd., Atlantic Pharmaceuticals Company Ltd., the Medicines Control Agency, the Ministry of Health, and the Attorney General.
Dozens of children died after consuming contaminated cough syrups allegedly manufactured by the India-based Maiden Pharmaceuticals. The plaintiffs argue that regulatory failures and negligence by multiple institutions contributed to the tragedy.
The recent decision follows a motion filed on November 18, 2025, by counsel for the third, fourth, and fifth defendants. The application sought two orders: permission to call an additional witness and file a corresponding witness statement, and recognition of a written statement by Dr. Mustapha Bittaye—dated November 3, 2025—as duly filed.
Justice Jaiteh noted that the central question was whether the defendants had provided “cogent and sufficient” reasons to justify the request. Citing Order 23, Rule 14(8) of the High Court (Amendment) Rules 2013, he emphasized the court’s broad discretion to admit additional evidence when required in the interest of justice.
The application went unchallenged, as the plaintiffs filed no counter-affidavit.
In his ruling, Justice Jaiteh observed that issues raised during the cross-examination of defence witness Essa Marena (DW2) underscored the need for testimony from a Ministry of Health representative. According to an affidavit in support of the motion, Dr. Bittaye—the former Director of Health Services and now Chief Medical Director—possesses direct, first-hand knowledge of the AKI outbreak and the government’s response.
Justice Jaiteh held that Dr. Bittaye’s testimony would provide “material clarifications” necessary for the fair determination of the case. He added that allowing the additional evidence would not prejudice the plaintiffs, who would have a full opportunity to cross-examine the witness.
Finding the application to be meritorious, Justice Jaiteh granted the defendants both reliefs sought.
“Leave is granted to the 3rd, 4th, and 5th Defendants to call an additional witness and file a written witness statement, and the witness statement of Dr. Mustapha Bittaye is deemed properly filed and served,” he ruled.