May 31, 2012, 3:38 PM
The alkalo of Sarre Nyanga, Nofong Jallow, commonly known as Drammeh Jallow, was recently declared liable by the Banjul High Court for unlawfully entering into the land of Yoba Jawo and Momodou Jawo, plaintiffs, as judgement was delivered by Justice Amadi against the alkalo, who was the defendant.
The plaintiffs declared that they and members of their family were the owners of the land and entitled to possessing the suit lands situated at Sarre Nyanga, also known as Mbolbuk Village, in the Central River Region of The Gambia, which are more particularly described and delineated in the sketched plan annexed ‘hereto’ and therein edged ‘PINK’.
They also claimed possession of the suit lands and called for an order of ejection of the defendant from the suit lands.
The plaintiffs also claimed for injunction restraining the defendant by himself, his servants or agents or otherwise whosoever, from entering, farming, letting, building on, remaining or doing anything in, with or about the said suit lands, which might be inimical to or inconsistent with the plaintiffs’ right or interest.
Damages and cost were also claimed by the plaintiffs.
In his judgement, Justice Amadi told the court that after going through the pleading and evidence, he was satisfied that the plaintiffs’ root of title, namely inheritance, has been proved.
He stated that the plaintiffs traced the history of the land to their father, late Tombong Jawo, who was the first grantee of the forest lands by the original owner, Ja Jawo, the alkalo at the time.
He further stated that there was no broken chain in the line of succession and that the land devolved on the plaintiffs and other members of the family of Tombong Jawo.
He added that a higher authority in the district, i.e the district chief, Alhagie Malick Ndow, decided in favour of the plaintiffs that the suit lands belong to them, adding that this was in evidence.
“The plaintiffs have clearly shown a real cause of action. Having held earlier that they have proved their claim to the ownership of the suit lands, it follows that the defendant’s entry into the plaintiffs’ said farmlands without their consent is unlawful,” Justice Amadi declared.
He further declared that the plaintiffs and members of their family are the owners of and entitled to the possession of the suit lands situated at Sarre Nyanga in the Central River Region of The Gambia.
He ordered that the defendant be ejected forthwith from the suit lands.
He also granted an order of permanent injunction restraining the defendant by himself, his servants, agents and privies from further entering into, farming on, letting, building on, with or about doing anything in, that is inimical to or inconsistent with the plaintiffs’ right or interest.
Justice Amadi subsequently awarded D200, 000 as damages for trespass in favour of the plaintiffs against the defendant.
He finally stated that the plaintiffs were entitled to D100, 000 as cost of the action.
Lawyer Batchilly represented the plaintiffs.