Dec 22, 2014, 10:29 AM
Bojang of the Kanifing Magistrates’ Court recently filed a civil suit at the
Kanifing Magistrates’ Court, against three defendants he wanted to vacate his
The three are Free Fatty, Ebrima Bojang and Ebrima Jallow.
The magistrate asked the court to make an order to eject the defendants from his leased landed property, situated within the Brusubi Residential Layout Phase 3 and Bijilo area.
He also prayed to the court to direct the defendants to remove whatever had been deposited or erected on his leased landed property, and deliver up a vacant possession of the said land to him.
Magistrate Bojang further asked the court to make an order of perpetual injunction restraining the defendants, their heirs, servants, agents, privies from any further interference or trespass or entering into the said leased landed property.
He claimed D500,000 being damages for trespass on his leased landed property.
A cost of D50,000 was also claimed by him for instituting the civil suit.
However, one of the defendants, Ebrima Bojang, filed a motion dated 21 December 2016, before Magistrate Abeke, who was presiding over the case, for the court to dismiss the case or transfer it to the Bundung Magistrates’ Court, because the Kanifing Magistrates’ Court “lacks the jurisdiction to hear the case”.
According to the motion, the defendants relied on all the paragraphs in the motion.
At this juncture, Magistrate Abeke asked Magistrate Bojang whether he had any objections to the motion filed by the defendants.
Magistrate Bojang then said he had no objections to the motion filed by the defendants, adding that he wanted justice to be done.
In his ruling, Magistrate Abeke said that by consent of the parties, he was transferring the case to the Bundung Magistrates’ Court for proper jurisdiction.