Sep 30, 2011, 1:48 PM
Counsel Mboge told the court he knew the accused person, and could recall what happened on 15 March 2014.
He said there was a land dispute between the accused person and the council of elders of Brikama since 2003, adding that the matter was brought before the Brikama Magistrates’ Court and the council of elders obtained judgment against the accused person.
According to counsel Mboge, in 2006, a rite of possession was issued by the Brikama Magistrates’ Court that the said land should be handed over to the council of elders of Brikama in his presence (Mboge), because he represented the council of elders in the case.
He said that after the execution was made against the accused person, the accused came back to the said court to file a civil suit pertaining to the same land dispute, to mislead the court because he did not tell the court there was a judgment against him concerning the said matter.
The accused obtained a judgment and the place was handed over to him and he started constructing at the place until he finished, he said.
Counsel Mboge further told the court that he was then instructed to file an appeal to the high court about the same dispute, which he did, adding that judgment was made in favour of the council of elders against the accused person, that is, for the said land to be returned back to the council of elders of Brikama.
In 2009, the accused person also filed an appeal at the Court of Appeal for the same matter and the Court of Appeal struck out the accused’s appeal for lack of diligent prosecution, and ordered for the accused to pay cost of D50,000, counsel Mboge told the court.
He said the accused paid the cost and went, adding that the accused filed again to relist the appeal and his application was refused and he was again asked to pay another cost of D50,000, which he paid.
Counsel further told the court that the execution judgment in 2006 by the high court and the magistrate court rite of possession was issued and signed by Justice S. Wada, the then President of Court of Appeal.
The rite of possession was executed by the Sheriff of the High Court and all the tenants at the said land were evicted and the place was locked by the high court, counsel further told the court.
He said the accused person waited until at night and went and broke the padlock to the said shop, adding that a neighbour who saw the accused person breaking the padlock called him (Mboge) and informed him about it.
He went to the place and saw it himself, adding that he reported the matter to the Brikama Police Station, where he made his statement.
At that juncture, the police prosecutor, Sgt O. Touray, applied to tender the ruling of the Court of Appeal and judgment of the high court as exhibits, and they were admitted without any objection from the accused person.