This judgment follows a lawsuit filed by Counsel Ansu Badjie, the lawyer for Simon Segrave Jacques, concerning the ownership and possession of a hotel property known as Bunkoyo Hotel, situated in Kololi within the Tourism Development Area.
Counsel Badjie claims that the property was purchased by Simon Segrave Jacques at a public auction conducted by the Sheriff’s Office on 2nd July 2004, following execution proceedings arising from a judgment obtained by one Jack Alderlieste against Elizabeth Tendeng, the 2nd Defendant.
Counsel Badjie further claims that a Certificate of Purchase and a Deed of Assignment were subsequently issued in Simon’s favour, that the possession was delivered to him, and that he remained in possession until he was evicted on 9April 2014 pursuant to a writ of possession not directed at him.
Counsel Badjie wants the court to make a declaration that the property “belongs to Simon and the eviction by the Sheriff Division of The Gambia “is unlawful and unwarranted”. He also wants costs attached to the judgment.
The 2nd Defendant, Elizabeth Tendeng, however denies that there was a valid public auction or lawful sale to Simon. Tendeng maintains being the lawful owner of the suit property, that the alleged Sheriff’s sale was irregular, that no proper statutory advertisement or sale process was established, that Simon had notice of pending litigation and adverse claims, and that Simon cannot rely on the doctrine of bona fide purchaser for value without notice.
Tendeng counterclaims for declarations of ownership, cancellation of Simon’s title documents, damages, and other consequential relief.
As for the Sheriff of The Gambia, the 1st Defendant, despite being served, filed no defence, called no evidence, and did not participate in the trial. Tendeng, however, actively defended the claim and prosecuted the counterclaim.
Judgement of Hon. Justice Jaiteh
In delivering his judgement, Hon. Justice Jaiteh said Simon has discharged that burden through a combination of oral testimony, contemporaneous documentary evidence, and subsequent actions that are consistent only with ownership.
Hon. Justice Jaiteh said the 2nd Defendant, Elizabeth Tendeng did not produce any judicial order declaring the Sheriff’s sale void, setting aside the auction, cancelling the Certificate of Purchase, or nullifying the registered Deed of Assignment. He said Tendeng also did not produce documentary evidence conclusively showing that the sale relied on by Simon never took place.
Hon. Justice Jaiteh said Tendeng’s challenge is primarily based on alleged procedural irregularities and inferences drawn from selected correspondence.
“For the reasons set out in this Judgment, and having carefully considered the pleadings, the oral and documentary evidence, the submissions of learned counsel, and the applicable law, the Court finds that the Plaintiff (Simon Segrave Jacques) has proved his claim on the balance of probabilities,” he said.
He said Elizabeth Tendeng has failed to establish a defence and counterclaim based on credible and cogent evidence.
Hon. Justice Jaiteh then declared that Simon lawfully acquired the Bunkoyo Hotel, pursuant to the Sheriff’s public auction conducted on 2nd July 2004, the Certificate of Purchase dated 15 July 2004, and the Deed of Assignment subsequently executed and registered in his favour.
He also declared that the eviction of Simon from the property on 9 April 2014 by or through the Sheriff of The Gambia was wrongful, unlawful, and without due process of law.
Hon. Justice Jaiteh also declared that Simon is entitled to the quiet possession, use, and enjoyment of the property, free from unlawful interference by the Defendants or any person claiming through them.
However, Hon. Justice Jaiteh dismissed Simon’s claim for special damages of £100,000 for want of strict proof. He also dismissed Simon’s claim for D300,000 as legal fees, stating that there was no legal basis for awarding solicitor-and-client costs as a separate head of damages in the circumstances of this case.
“The Plaintiff (Simon Sergrave Jacques) is awarded general damages in the sum of D500,000.00 against the 1st Defendant (Sheriff of The Gambia) for the wrongful eviction and interference with his possessory rights,” he ordered.
Hon. Justice Jaiteh so made an order restoring Simon to vacant possession of the property, subject only to any lawful order subsequently made by a court of competent jurisdiction in proceedings to which Simon is properly joined. He granted a perpetual injunction restraining the defendants from trespassing on the property.
Hon. Justice Jaiteh also dismissed the counterclaim of Elizabeth Tendeng in its entirety, including the claims seeking declarations of ownership, cancellation of the Certificate of Purchase and Deed of Assignment, damages for trespass or deprivation of use, and all ancillary or consequential reliefs.
“The monetary award contained in this judgment shall attract interest at the statutory rate of 4 per cent per annum from the date of this judgment until full and final liquidation. The Plaintiff, having substantially succeeded in this action, is awarded costs at D400,000.00, to be paid by the 2nd Defendant (Elizabeth Tendeng),” Hon. Justice Jaiteh ordered in his judgement.
