By: Isatou Sarr
Justice Sohna Akimbiyi of the Banjul High Court recently delivered a judgment in the protracted Manjai Kunda land dispute between Assan Mbye and the descendants of Furmos Gomez.
Justice Akimbiyi noted that Assan Mbye’s claim against the descendants of Furmos Gomez was, inter alia, for a declaration that he is and was entitled to the possession of the property situated at Manjai Kunda in The Gambia.
According to court records, Mbye’s case is that he is the lessee and owner of two properties (the suit land) located at Manjai Kunda in the Kombo Saint Mary’s Division of The Gambia under lease SR numbers K91/94 and K97/94 which, he acquired in 1989 and 1990, from the then Alkalo of Manjai Kunda, Momodou Lamin Camara, and obtained his certificate of ownership. He began paying land rates and applied for leases over the suit land, which were approved by the minister responsible for the State Lands Act 1991 and registered as leasehold properties.
The trial judge noted that from the foregoing evaluation, the Plaintiff’s (1) and (2) claims succeed as laid, the Plaintiff maintains is declared by the Court to be in long and exclusive possession of the property situated at Manjai Kunda in The Gambia, more particularly demised by Leases Serial Registration Nos. K91/94 and K97/94 and Shown in the Plan attached to the further amended Writ of Summons.
“Claim One, it is apposite to grant a perpetual injunction, as a perpetual injunction is based on the final determination of the rights of parties and it is intended to prevent the permanent infringement of those rights and obviate bringing action after action in respect of such See Mr. Ignatius Anyanwu & Ors (2009) LPELR 515 (SC) per Adekeye JSC (P56, Paras E-), Claim two succeeds as laid. Claim three succeeds as laid, and the Sum of GMD 20,000 is awarded as general damages in favor of the Plaintiff and against the Defendant.” Declared Justice Akimbiyi.
Justice Akimbiyi further stated that the 1997 refusal of the Kanifing Urban District Council (now the Kanifing Municipal Council) to accept payment of land rates due to the 1st Defendant (MODOU SALIEY GOMEZ Louis) claim, who was the Alkalo of Manjai Kunda at the time, and his nephew Abdoulie Conteh, the Mayor of Kanifing Municipality, had no legal basis.
Going further, the Court observed that PW2, Momodou Camara, the Alkalo of Manjai Kunda from 1982 to 1998, testified that the suit land belonged to his father, the previous Alkalo of Manjai Kunda, and was allocated to the plaintiff during his tenure. He mentioned that during his time as Alkalo, no one ever contested the ownership of the land he allocated to the plaintiff. He identified exhibit P3 and P4 as ownership documents given to the plaintiff. He stated that Mustapha Njie of KMC and Raf Thomas’ involvement in the investigation over farmland leased to the Gomez family occurred later. PW2 also affirmed that the Defendant’s grandfather never had any claim over the suit land.
The Court equally upheld Assan Mbye’s Claim that his first encounter with any claimant on the land was after the 1st Defendant Modou Sailey Gomez became the Alkalo of Manjai Kunda, and the Assan never received any letter from the Department of Lands and Surveys requesting him to vacate the land and that exhibit 2 was indeed addressed to the 1st defendant, not considering the Kanifing Municipal Council inspection report recommending the maintenance of the area covering the plaintiff’s land.
