By Nicholas Bass
The Supreme Court recently awarded D50, 000 cost to Social Security and Housing Financial Corporation (SSHFC) and ordered for the continuation of a D30 million suit filed against Mam Sait Njie.
Delivering the verdict, the leader of the panel of judges, Hon Chief Justice Hassan B. Jallow said that the High Court and the Court of Appeal ought to have held that the originating summons SSHFC were based on the impugned change of use as affirmed by the judgment of the court that effectively upheld the findings of the ex-President Jammeh instituted Commission of Inquiry.
“Accordingly, this appeal is allowed,” Chief Justice Jallow said.
He ordered for the judgment of the Court of Appeal delivered on 8 June 2021 that upheld the ruling of the High Court on 19 March 2020 to be set aside.
” It is hereby ordered that the case be remitted to another High Court Judge for both the continuation and determination of the suit on the merits,” Chief Justice Jallow ruled.
It could be recalled that an appeal against the judgment of the Court of Appeal in a civil suit between SSHFC and Mam Sait Njie was delivered on 8 June 2021 that affirmed the verdict of the High Court delivered on 19 March 2020 by Hon Justice Francis Achibonga .
Justice Achibonga dismissed the application of the suit for lack of jurisdiction but granted the applications for a stay of proceedings and referral to arbitration filed by Social Security and Housing Finance Corporation.
By legal notice number 15 of 2010 dated 6 October 2010 published in the Gazette of the Republic of The Gambia, the ex-president Jammeh set up a Commission of Inquiry pursuant to Section 200 of the Constitution of The Gambia 1997.
Subsequently, the Commission in their findings passed recommendations for the SSHFC’ second and third leases of 216 hectares and 100 hectares be revoked, and that the land be returned to Makumbaya Community.
The Commission also recommended for the title to the 300 plots of land owned by the SSHFS to be revoked.
The commission also recommended for SSHFC to recover a sum of D30 million from Mam Sait Njie.
