Court Grants Rongo’s Application for Injunction against Alleged Trespassers

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By Nelson Manneh

Justice Ruqata Oremei Ayoola of the Banjul High Court Annex on Monday, 11 March 2024 granted an application by Momodou Lamin Jarju alias Rongo for the stoppage of all alleged trespassers into his family land in Banjulunding.

The application was filed by Senior Lawyer Bory S. Touray, the counsel for Rongo seeking a court order (injunction) against the defendants and their servants, agents and associates, privies and whosoever from trespassing, interfering and developing the land in dispute. 

Rongo sued Isatou Sisaho, Ebrima Jaiteh, Alieu Jabbie and Ally Owens, a soldier.

Rongo’s application was supported by an affidavit in support stating that he had warned the four people he sued before filing the case in court to stop trespassing or making any sort of development within his traditional customary lands, but they ignored and continued. He said the four (4) people he sued continued working on the land even after he filed the case against them. He added that they have been molding cement blocks, and erecting fences and infrastructural buildings, particularly Isatou Sisaho. 

“Pictures showing the trip of sand, cement blocks, two different raised walls and two ongoing buildings still being constructed have been provided for evidence to show some of the continuous trespasses and developments within the suit land,” Rongo stated in his statement.

He asked the court, in the interest of justice, to pass an order stopping them, their servants, agents and associates, privies and whosoever from trespassing, interfering and developing into the suit land. 

His application was granted. He claimed damages for trespass estimated at the sum of D4, 000,000 (Four Million Dalasi) against the Defendants for entering into his (the Plaintiff’s) family land and committing acts of trespass therein.

He also wants the court to make a declaration that he is the owner of all that piece of land situated at Labour Camp part of Banjulunding, Kombo North District in the West Coast Region of the Gambia measuring 3000 by 3000 by 300 x 3000 as contained in the plan of the area.

He is also seeking an injunction restraining the defendants whether, by themselves, their agents, servants or otherwise howsoever from harassing and interfering with the Suitland owned by the plaintiff situated at labourer Camp part of Banjulunding in the Kombo North District, West Coast Region of the Gambia. 

He is seeking an order to cancel all or any of the defendant’s documents and whosoever acquired, procured and obtained documents in respect of the suit land, cost for court fees and further orders as the court shall deem fit.