High Court fines gov’t D500,000

Jun 30, 2020, 12:19 PM

The High Court in Banjul Monday fined The Gambia government the sum of D500,000 to the plaintiff-Global Home of Medical Mission (Global HOMM).

The government had been sued in relation to the land currently occupied by the Anti-Crime Unit of the Gambia Police Force situated in Bijilo.

The minister of Lands and Regional Government, Director for Lands and Surveys and the Attorney General were the respondents in the case.

The Global HOMM prayed the court to declare that the Notice of Acquisition and Revocation of their lease with serial registration number K12/07 in respect to their property in Bijilo which is currently occupied by the Anti-Crime Unit of the Gambia Police Force was null and void.

They also wanted the court to declare that the purpose for which their property had been compulsorily acquired by the State was not for public use.

They also wanted the court’s declaration that their lease registration of their property that the Anti-Crime Unit is occupying remains valid and subsisting.

Among other things they want a declaration from the court to include the allocation and the vesting of title of their property to a third party was null and void. They wanted the court to make an order that no Notice of Acquisition and Revocation of their leased property was served on them prior to the purported revocation.

They further prayed the court to make an order setting aside all transactions entered into by the Respondents with any third parties in relation to their property.

The applicants also asked the court to award cost of D500,000 in their favour.

The State, through counsel, Muhammed B. Sowe said the respondents have conceded to the application by the defence seeking several declarations from the court.

“The respondents concede to the application on the ground that the notice was not gazetted as required by section 7 (5) of the Lands Acquisition and Compensation Act,” Sowe informed the court.

“The respondents concede to the application and will follow the proper procedure. We have reasons for doing that. We want to follow the right procedure.”

Lawyer Rachael Y. Mendy for the applicants (Global HOMM) indicated that she had no objection to the State Counsel’s submission. However, she sought for the court to go ahead to grant the application.

The Judge, Justice Francis Apangabuno Achibonga granted the application and awarded cost of D500,000 against the State.

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