By Nelson Manneh
Senior Counsel Borry S. Touray representing Momodou Lamin Jarju alias Rongo has on Thursday informed the court that the Attorney General did not file his defence in the case.
The Attorney General was recently added as a defendant in thecase.
When the case was called on Thursday, 7 October 2023 before Justice Francis Achibonga of the Banjul High Court, Lawyer Borry S. Touray announced his appearance for Rongo. Senior Counsel Kebba Sanyang who is representing the 1st to 8th defendants was absent and all the defendants were also absent. The Attorney General was not represented in court.
Lawyer Borry S. Touray reminded the court that the Attorney General is now the 11th defendant in the case. He also informed the court that Rongo has served the Attorney General with all the processes.
Counsel Bory Touray said the Attorney has not yet filed his statement of defence. He added that the Attorney General is still within time to file his defence statement.
Justice Achibonga said since the Attorney General is still within the time frame given to them by the law to file his defence statement, the court would allow him to do so.
The case was adjourned to 9 January 2024 for continuation.
Rongo, in 2018, sued Momodou Lungs Jarju – the Alkalo of Banjulinding, Imam Yahya Bah of Banjulinding, Malang Njie, Modou Badjie, Landing Korteh, Lain Nafulou Jarju, Jarbel Ceesay, Foday Barry (a former senior officer of DLEAG), Inspector General of Police and Director General of Drug Law Enforcement Agency – The Gambia (DLEAG). The name of the DLEAG was removed and it was replaced with the Attorney General.
The Plaintiff, Rongo is claiming for 10 million dalasis (D10,000,000) for his unlawful arrest and detention by the defendants and their agents. The resident of Banjulinding is also claiming D10, 000,000 for his malicious prosecution for various offences when the defendants and their agents knew or ought to have known that he should not have been charged. On the third and final ground of his claim, Rongo is claiming D10, 000,000 as damages for loss of earnings occasioned by his unlawful arrest, detention and malicious prosecution. Additionally, he is claiming for two hundred thousand dalasis for cost of action.
