By Nicholas Bass
Counsel Mai Ahamad Fatty has challenged the jurisdictional authority of the Kombo South District Tribunal in the pending land case of his client, Salifu Sanyang before Justice Sherriff B. Tabally at the Brikama High Court.
On Wednesday, Counsel Fatty for the applicant, Salifu Sanyang filed a civil suit against Kebba Jabang, Falalo Touray, the Chief of Kombo South, and Dembo Jabang.
In his motion, he pleaded for the court to give an order for a stay of proceeding of the ongoing suit against his client Salifu Sanyang at the Kombo South District Tribunal, pending the hearing and the final determination of the suit number HC|576|22|mf|168|F1, filed at the High Court of the Gambia.
He stressed that the Kombo South District Tribunal has no jurisdictional authority to preside over the land case of his client Salifu Sanyang for it lacks a speedy and fair trial.
He went on to cite sections 24, 33, 37,132, and 133 of the Constitution of the Gambia 1997 to affirm his plea.
He also argued anywhere jurisdictional authority is raised before any court everything has to stop until such is addressed.
According to the affidavit filed by counsel Fatty before the court in paragraph 8 requested for a stay of the ongoing proceedings of the suit filed against his client, Salifu Sanyang by the 1st,2nd, and 3rd respondents, Kebba Jabang, Falalo Touray, and Dembo Jabang at the said District Tribunal, pending the determination of the suit filed by his client against the respondents at Brikama High Court.
However, Joackim Jatta the Clerk of Kombo South District Tribunal who represented the Chief of Kombo South District, Falalo Touray told the court that the applicant, Salifu Sanyang was asked by the Chief of Kombo South regarding the location of the said plot of land, if it was within the geographical areas of Kombo South District.
Justice Sheriff B. Tabally noted that the jurisdictional authority deals with the power of the District Tribunal and it is not limited by the geographical location of the said plot of land.
Joackim Jatta went on to confirm that Salifu Sanyang raised an issue of jurisdictional authority against the Kombo South District Tribunal regarding the said plot of land.
At this juncture, Justice Sherrif B.Tabally cautioned Joackim Jatta regarding the pending land case of Salifu Sanyang since he is yet to give a ruling for the transfer of the case to the High Court. He adjourned the case to the 7th of November 2022.
