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Kanifing Court orders real estate firm to refund D800,000 to land buyer

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Landing Ceesay The Point
Sep 25, 2026, 11:37 AM 4 min read
Kanifing Court orders real estate firm to refund D800,000 to land buyer

lamin Ceesay

The Kanifing Magistrate Court has ordered a real estate company, Ferreh Lulu Properties, and its director, Lamin Ceesay, to refund D800,000 to a buyer after a failed land transaction.

Delivering judgment, Magistrate Binta Sowe held that the plaintiff, Marabi Camara, had established his case on the preponderance of evidence in accordance with Sections 141 and 143 of the Evidence Act 1994.

The court noted that the defendant was duly served and summoned but failed to appear in court and did not adduce any reason for his absence. As a result, the evidence on record stood unchallenged.

Nuha Bojang on behalf of the plaintiff, told the court that the matter began sometime in February 2026 when his elder brother was looking for land to buy.

Bojang said his brother’s friend, Famara Jammeh, informed them that he had seen a company on Facebook that sells land, identified as Ferreh Lulu Properties.

According to his testimony, Famara was instructed to obtain the company’s contact. He went to the company and met Lamin Ceesay, who claimed to be the company director and said they had lands for sale in The Gambia.

Mr Ceesay gave his telephone number to Famara to be passed on to the plaintiff.

“The plaintiff called Mr Ceesay to discuss with him in order to buy the land. After calling Mr Ceesay, he told me that he has spoken to the defendant. Now I can join the defendant to go and see the lands in Niumi,” Bojang testified.

Bojang said when he went to see the lands, he was accompanied by Famara Jammeh and one Malick. The defendant also made a video call to show the plaintiff the lands available.

Payment and Failed Refund

The court admitted into evidence four receipts issued by the plaintiff dated 21/01/26, 18/05/26, 18/06/26, and 23/07/26 as Exhibit A3.

The plaintiff said his brother continued to follow up with the defendant to provide the land and its documents, but to no avail. Eventually, his brother demanded his money back.

The defendant then drafted a cheque for D750,000 for the plaintiff to withdraw.

“My brother kept following the defendant to provide him with the land and the documents but to no avail and eventually my brother asked for his money back then the defendant drafted a cheque for D750,000 for me to go and withdraw the money,” Bojang told the court.

Bojang said he went with his brother’s friend Famara to withdraw the money but they were unable to cash the cheque. He said the bank called the defendant and informed him that the cheque was not proper and should have two signatures, one on the back and one on the face of the cheque.

According to the testimony, the defendant told the bank that he did not give them the go-ahead, so they could not cash the cheque.

The cheque dated 13/08/26 in the sum of D750,000 issued by the defendant’s company was admitted and marked as Exhibit A4.

The plaintiff also told the court they suffered loss and damage, including using their car to visit the land and following the defendant.

“We want to remind the court that Exhibit A4 has D750,000 leaving out the D50,000 cost. We paid D800,000. We therefore want to recover D800,000,” Bojang said.

Judgment

By a praecipe dated 14th August 2026 and filed 18th August 2026, the plaintiff instituted the action for recovery of money.

Magistrate Sowe, in her judgment, said that by virtue of the evidence on record which stands unchallenged by the defendant, the plaintiff had proven his case.

“Pursuant to Section 7 (1) of the Subordinate Court Civil Proceedings Act 8:02 Revised Laws of The Gambia 2009, I enter judgment against the defendant in the sum of D800,000 (Eight Hundred Thousand Dalasi), litigation costs of D4,000 and costs of D20,000,” the judgment stated.

The ruling highlights growing complaints over land transactions in The Gambia, where many buyers allege they pay for land but are not provided with documentation or possession.

The court order requires Ferreh Lulu Properties and its director to refund the full amount paid plus costs.

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