Derreck E.J. Greening has filed a civil suit against the Sheriff of The Gambia
before the High Court presided over by Justice Ebrima Jaiteh.
The plaintiff is seeking a declaration that he is the owner and entitled to exclusive possession of a plot 332 in Kotu Layout in the Kanifing Municipality.
The plaintiff is also seeking a perpetual injunction restraining the Sheriff of the Gambia by themselves, agents, servants whosoever from interfering with his possession and a cost of D286,000.00.
During the sitting, the plaintiff testified that he signed an affidavit regarding the matter on the 6th September, 2018 and he maintained the averments in the affidavit.
Responding to questions posed to him by lawyer Sheriff Tabally, head of the Sheriff Division, the plaintiff told the court that he bought the land in 1987 from one Amadou Babucarr Jallow in the sum of D65,000.00.
He further told the court that the capital gains tax was paid and his legal counsel; Sourahata Janneh took charge of the property.
He said at the time he bought the property, it was inhabitable but there were two structures there.
He told the court that after he bought the property, his legal counsel Sourahata Janneh took all the documents.
The witness informed the court that he lived in the property in 2012 and he was never aware of any valuation carried out on the property.
The witness further informed the court that there was never an auction sale of the property.
It was put to him that the property still remains in the name of Amadou Abubacarr Jallow because he did not seek the minister of Local Government and Lands’ consent.
The plaintiff told the court that all the transaction concerning the said property was done by his legal Counsel; Sourahata Janneh.
Answering questions during re-examination by his Counsel, Malick M’bai , the witness told the court that he never had any dealing with one Amadou Tijan Jallow but with Amadou Abubacarr Jallow who signed the transfer documents.
He pointed out that the documents of the said property was handed to his lawyer after he paid in full and that was when he assumed that he has all legal right over the property.
He told the court that since the day he bought the property, Amadou Abubacarr Jallow never claimed ownership of the said property and had never seen him.
The witness revealed that he was never informed by the Sheriff Division either in oral or written form that his property had been attached by the Sheriff Division.
He further revealed that he had never met any valuer called E.K. Drammeh and had never involved in any court case with Amadou Tijan Jallow.
He told the court that he was living in the property in 2012 and that there was no incomplete building in the property.
Meanwhile, the parties were each given 14 days to file their briefs with the plaintiff filing first and the plaintiff given 3 days to file his reply on points of law upon receipt of the defendant’s brief of argument.
The matter was adjourned to the 20th June, 2019 for adoption of briefs.