The Supreme Court of the Gambia, presided
over by a panel of five judges headed by Chief Justice Hassan B. Jallow,
Justice A.D. Yahaya, Justice Browne Marke, Justice Cherno S. Jallow, Q.C and
Justice Yassin M.M. Sey recently delivered a landmark judgment bringing an end
to a seven year-old-legal tussle between Mam Sait Njie, a business tycoon and
the Attorney General in the Lamin and Makumbaya land legal wrangling.
The apex court in a unanimous decision held that there was overwhelming evidence in support of Mam Sait Njie ownership of the three leased properties in Makumbaya and Lamin villages respectively.
The highest court of the land held that the lease property dated or executed on the 23rd of May, 1990, and duly registered in respect of 74 hectares of land situated at Makumbaya is the legitimate property of the appellant (Mam Sait Njie).
The court also held that the lease property dated or executed on the 4th of March, 1993, and duly registered in respect three hundred plots of land (100 hectares) situated at Makumbaya for a term of 99 years made is the legitimate property of Mam Sait Njie who holds a valid lease thereto.
The Supreme Court further held that the lease property dated or executed on the 4th of March, 1993, and duly registered in respect of 216.34 hectares of lands situated in Lamin Village, Kombo North District Authority, West Coast Region for a term of 99 years subsist and remain the legal property of Mam Sait Njie.
The court overturned the decision of The Gambia Court of Appeal in its decision on the white paper taken by the then government of Yahya Jammeh as unsupported and wrong in law and the said decision was set aside.
The court, however, ordered the appellant, Mam Sait Njie, to pay all arrears of rent due on all the said properties located in Makumbaya and Lamin village respectively in the Kombo North District, West Coast Region.
Speaking to this reporter on the verdict of the Supreme Court, Mam Sait Njie expressed gratitude to his wife, Jainaba Mammy Jallow-Njie for her relentless efforts, sacrifice, support and devotion she rendered to him and contributed to the family, particularly in the last seven years and throughout their forty years of marriage.
“May Allah Subhana Wa Taala, with his infinite grace and mercy bless and reward her in abundance throughout her life endeavours and my gratitude also goes to all my children for their unquestionable support and understanding throughout the years, both in their childhood and adulthood,” he declared
“Special thanks to my sister, Aji Fatou Gaye and family, my entire extended family in Senegal and The Gambia for being there for me at all times and my real appreciation also goes to my in-laws and a big thanks to all my friends who were always with me and kept me going with their comraderie and companionship,” he stated.
“My sincere gratitude and appreciation goes to lawyer Antouman A.B. Gaye, his team for an excellent legal defense and utmost professionalism, I say ‘Gacheh Ngalama’ Alhamdulilahi, Alhamdulilahi, Alhamdulilahi, without Allah this could never have happen, man plan but Allah Subhana Wa Taala decides, I put all my trust on Allah,” he concludes.