By Nicholas Bass
Court of Appeal recently entered judgment in favour of Lawyer Darboe and his client Alhagie M C Cham with the court ordering the return of seized properties of the former minister of People’s Progressive Party (PPP).
The veteran lawyer Ousainou Darboe won the long drawn legal tussles with the state lawyers led by BingaD.
The leader of the penal of judges, Hon Justice N C Browne-Marke in delivering the verdict overruled the Attorney General’s appeal that seeked for M C Cham to forfeit his properties at Banjul 45 Buckle Street, Hopkinson Street, 17B Hill Street and Kairaba Avenue in the undated white paper of the ex-presidentJammeh’s Commission of Inquiry.
Justice Browne-Marke said the respective orders for costs made against the appellant M C Cham were set aside, noting that if the same had been paid, they should be refunded to M C Cham with interest ‘’thereon commencing the date or dates the same were paid, to the date of this judgment, thereafter, at the statutory rate”.
She also said that Cham’s appeal was allowed and the respective judgments of the Court of Appeal and the High Court were set aside.
The Hon judge ordered for the Sheriff Division to supervise the execution for the seized properties of M C Cham to be restored to him forthwith, stating that in the event that any of Cham’s properties have been lawfully disposed of to non-state parties, Cham shall be compensated for loss of the same at the fair market value which the property would fetch at the date of thejudgment had the same not been disposed of.
Justice Brownn-Marke also ordered for the Sheriff Division to take account of all rents and profits accrued and accruing in respect of the occupancy of these properties by any person or entity whatsoever, from the respective dates of seizure or occupancy to the date of this judgment.
Justice Browne-Marke further granted an order for the Sheriff Division to take all necessary steps to recover from all persons or any authority to whom such rents have been paid, or who have enjoyed such rents during the period M C Cham was deprived of ownership; and once recovered, to pay the same over to Cham without further order.
It could be recalled M C Cham on 31 March 2014 filed a notice of appeal against the judgment of the Court of Appeal delivered on 18 March 2014 which was struck out on 28 January 2015 due to M C Cham’s failure to fulfill the conditions of appeal set by the Registrar of Appeals.
Consequently, when it was eventually restored to the list lawyer Darboe applied for leave to file an additional ground of appeal on 3 March 2021.
Lawyer Darboe’s appeal raised legal points of Law on the issue whether the Jammeh Commission chairperson, Justice Vida Akoto Bamfo was not qualified to chair the Commission of Inquiry which investigated the assets of his client.
