Ebrima Jaiteh of the High Court in Banjul has ordered that a hearing notice be
served on the Ministry of Local Government and Lands to enable them defend the
civil suit filed by one Jerreh Jallow.
Justice Jaiteh made this order yesterday in the matter between the applicant; Jerreh Jallow and the respondent: Ministry of Local Government and Lands.
Justice Jaiteh disclosed that on the 16th April, 2019, one Fatou Jagne, a secretary at the Ministry of Local Government and Lands was served with a hearing notice but neither has any lawyer from the Attorney Generals’ Chambers nor an official from the Ministry of Local Government and Lands appeared before the court.
The applicant counsel; Lawyer Malick Jallow informed the court that the Lands Ministry was served with the processes but had refused to appear before the court.
Lawyer Malick Jallow submitted to the court that there is a motion on notice and that the said motion on notice is supported by a 16 paragraph affidavit deposed to by the applicant; Jerreh Jallow on the 26th November, 2018.
Barrister Jallow informed the court that attached to the affidavit are exhibits JJ1 and JJ2, noting that exhibit JJ1 essentially contains documents of transfer issued to the applicant by the Alkalo of Wulikama around Brufut in West Coast Region in respect of the property in issue.
He explained that exhibit JJ2 refers to the correspondence between the applicant’s counsel and Lands Ministry in respect of the said matter prior to coming to court.
Lawyer Malick Jallow submitted that the applicant is seeking a declaration of the High Court to revoke the purported compulsory acquisition of his property by the Ministry of Local Government and Lands.
He further submitted that the compulsory acquisition of the applicant’s property has not been complied with; citing that Section 22(1) of the 1997 Constitution has been violated.
He explained that the land acquired by the Ministry of Local Government and Lands was not used for the purpose as required by law.
Lawyer Malick Jallow adduced that they have incontrovertible evidence that the said property has been used for private purposes and no compensation was offered to the applicant when the land was taken.
Counsel Jallow submitted that several layers of violation have been committed against the applicant and is therefore requesting the court to revoke the purported compulsory acquisition of the land belonging to the applicant.
He urged the court to provide compensation to the applicant for the acute, financial and material hardship he had suffered as a result of being deprived of the quiet enjoyment of his property.
Meanwhile, presiding Judge Ebrima Jaiteh disclosed that in the interest of justice and fair hearing the matter would be adjourned to enable the Ministry of Local Government and Lands to respond.
Justice Jaiteh ordered that hearing notices be issued and served on Ministry of Local Government and Lands and the matter was adjourned to the 10th June, 2019 for hearing.