By: Isatou Sarr
The High Court presided over by Justice Sonia Akinbiyi has denied granting an interlocutory injunction in the case involving Modou Lamin Jarju (Rongo) against Isatou Sissawo and others.
The injunction was sought by the plaintiffs.
The case of Momodou Lamin Jarju also known as RONGO (for himself and as representative of all family members, including those who appear on Annexe M) against Isatou Sisawo (1st defendant), Ebrima Jaiateh (2nd defendant), Alieu Jabbie (3rd defendant) and Ally Owens (4th defendant) resumed on 7 April 2025 at the Banjul High Court with a ruling on the application filed by the plaintiffs.
By the application dated the 14 July 2023 and filed on the 17 July 2023, the plaintiff/applicant seeks for an order of interlocutory injunction, restraining the defendants and their servants, assignees, agents, associates and whosoever from trespassing, developing or interfering into or with the suitland and any other order as the court may deem fit to make. The application is supported by a 13- paragraphs affidavit deposed by the applicant himself. They also filed an additional affidavit in opposition sworn to by one Fatoumata Jadama. In its brief of argument, the plaintiff/applicant nominated a sole issue for determination to writ:- whether the applicant is entitled to an Order of Injunction, pending the hearing and final determination of the suit before the court.
The court said the objection of granting an interlocutory injunction is to preserve the property in dispute with the least injury to all the parties until the rights are fully determined.
The court added that an applicant for interlocutory application shall establish special and exceptional circumstances upon which the court should grant the order.
“Factors to be considered by the court are: Applicant is real prospect of success in the right claimed, balance of convenience, status quo, relative strength of the case of the parties and the conduct of the parties, and inadequacy of payment of damages,” the court outlined in its ruling.
Hon. Justice Akinbiyi ruled, “To forestall any confusion as to what status quo is to be maintained, the court has a duty to decide at the hearing what status quo maintained. See umehuru & Ors V. Chief Mord, & Ors (2009) LPELR 874. On the whole in the manifest interest of justice, both parties are hereby ordered to both stay off the land from today and strictly main status prevailing from the ruling of this court and stay off the land. Any hovering on the suit-land by any of the parties will be deemed contempt by this court and sanctions shall follow.”