By Yankuba Jallow & Louise Jobe
Alieu Jallow, a detainee at Mile II prisons has sued Chief Muhammed Bojang of Kombo North claiming for D30,000 for his unlawful detention.
Jallow was arrested by the police on the 1st August 2019 and since then, he has been under custody. Jallow who is the Plaintiff in this suit filed this suit against the Chief and 3 other Defendants on the 10th July 2019. The other defendants in this suit are Seedy Bojang, Essa Bojang and Musa Manneh.
Appearing for the first time before Peter Ado Che of the Brikama Magistrates Court on Wednesday, 29th August 2019, Lawyers B. Saidy and S.N. Jobarteh appeared for the Chief while Jallow was without a lawyer.
Mr. Jallow is asking the court among other things for Defendants to show cause why they should not be charged with contempt of court. The Magistrates Court’s judgment dated 26th June 2019 gave possession of the Suitland to the Plaintiff.
The Chief filed a motion dated 5th August 2019 before the court seeking for the dismissal of the case. The Chief argued that the court lacks the jurisdiction to entertain the suit. The Chief put forward that the Magistrate Court and the District Tribunal have concurrent jurisdictions and therefore, lacks jurisdiction to entertain this suit. He added that it is only the High Court that can entertain suits emanating from a decision or an order passed by the District Tribunal.
Also, Chief Bojang stated that the particulars of claim disclosed no cause of action against him adding that the suit is vexatious and an abuse of process.
The Chief’s motion is supported by an affidavit in support by one Abdoulie Saidy, a legal clerk at the Attorney General’s Chambers and Ministry of Justice. According to Saidy, there is a suit pending against the Plaintiff before the Kombo North District Tribunal in connection with a plot of land situated in Babylon Village and a summoned was issued to him to appear before the District tribunal. Saidy stated that after the suit was mentioned at the District Tribunal, the court (tribunal) issued a restraining order against both parties from interfering with the Suitland pending the final determination of the suit. Saidy averred that the restraining order was issued by the District Tribunal against both parties to the suit before it in accordance with the powers vested in the court by the District Tribunal Act ,adding that the Plaintiff blatantly ignored the order of the tribunal and went ahead to work on the Suitland in violation of the order.
The matter was adjourned till 5th September 2019 at 12 noon.