Saturday, October 31, 2020

Alieu Jallow Detained for Over 25 Days without Court Appearance

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A litigant, who won a civil suit at Brikama Magistrate’s Court, has been held under custody for twenty five days after Kombo North District Tribunal received complaint regarding the same land.

After being given possession of the land by the Brikama Magistrate’s Court, Alieu Jallow was sent to Mile II Prison on 1st August 2019 on the order of the Chief of the area for allegedly commencing development on the said land in which the judgment was entered in his favour.

Foroyaa has been informed by the wife of Mr. Jallow that it is Chief Momodou Bojang who ordered for Jallow’s detention.

Awa Jagne, the wife of Alieu Jallow told this medium that her husband bought the piece of land from Mr. Lamin B. Jarju, the Alkalo of Babylon Village in Kombo North District – West Coast Region of the Gambia in 2012.

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“My husband began to develop the land in 2012 but he fell sick and decided to go back to his home village of Boro Kunda Kassay,” she said.

Madam Jagne said her husband (Jallow) later visited the said plot of land and found one Nabi Camara constructing a structure on the same piece of land. She added her husband discovered that his building has been demolished.

“My husband then decided to resort to the Brikama Magistrate’s Court on the 20th day of January 2018 for justice to be served. The court delivered judgment on the 26th June 2019 and gave possession of the land to my husband and he commenced work on the land after the judgment was delivered,” she said.

She said her husband was then attacked by some men who claimed to be working on the order of the District Chief, Mr. Momodou Bojang.

According to her, Jallow was detained briefly at the Mandinary Police Station before he was transferred to Mile II, the State Central Prison.

Madam Jagne said the family has contacted Magistrate A.B. Faal Jobe of the Brikama Magistrates Court who delivered the judgment in the case informing her about what has happened to Mr. Jallow.

“The Magistrate then called the Chief on phone and informed him about her decision about the land in dispute, but the Chief told her that he does not recognize the Judgment,” Madam Jagne told Foroyaa.

Awa Jagne is calling on the authorities for the unconditional release of her husband who is detained at Mile II

Here is the Brikama Magistrates Court’s judgment with regards to the case:

Magistrate A.B. Faal/Jobe ESQ of the Brikama Magistrates Court has on the 22th February 2019 delivered Judgment in civil suit number BRK| CS| 47| 18 wherein Alieu Jallow is the Plaintiff and Nabi Camara is the Defendant.

The suit according to the judgment was instituted on the 29th January 2018. The Plaintiff’s claim before the court included a relief for the repossession of land situated at Babylon measuring 5om x50m, restraining order against the defendant (Nabi Camara) from trespassing on the said land and any further order or orders the court deems fit to make.

The plaintiff has tendered documents ranging from a transfer of land ownership dated the 15th day of May 2012 which was marked as exhibit B1, the rate and taxes receipts issued by the Brikama Area Council dated the 23rd day of February 2018, sketch plan of the land as exhibit B2, nine pictures showing the destruction done on the land as exhibits C1 and some other court documents given to him by the person who sold the land to him as exhibit D.

The matter was first called on Monday the 23rd February 2018 and the defendant was absent because he was not served and the matter was adjourned to give him the benefit of the doubt.

The Magistrate in her judgment said: “I find on the preponderance of evidence before this court that the plaintiff has established ownership of the Suitland. The evidence he has adduced is in line with his pleadings and he is entitled to his claim. Thus I hereby enter judgement in their favour as follows,” he said.

The court relied on the provision of section 7 (1) of the Subordinate Courts (Civil proceedings) Act, and entered a default judgement in favour of the plaintiff against the defendant, as per the claims.

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