By Yankuba Jallow
The ongoing civil trial between the Batokunku Home Owners Association (BHA) and the State could not proceed yesterday, 7th October 2025, before Justice Isatou Janneh-Njie of the Bundung High Court, following a late filing by the Attorney General’s Chambers.
The State filed an affidavit in opposition to the Association’s affidavit, but the court discovered that it was filed out of time. In an attempt to regularize the process, the Attorney General filed a motion seeking the court’s leave to deem the affidavit properly filed. The motion was dated 3rd October 2025.
Senior Lawyer Malick H.B. Jallow, counsel for the Batokunku Home Owners Association, said he would not object to the State’s application but urged the court to impose costs on the Attorney General for the delay.
Justice Janneh granted the State’s application but ordered the Attorney General to pay a cost of Five Thousand Dalasis (D5000) to the Association. The court further directed that the payment be made before the next adjourned date.
The Batokunku Home Owners Association filed a constitutional suit against the Minister for Local Government and Lands and the Attorney General, challenging what they described as an unlawful and discriminatory deprivation of their lands in Batokunku, West Coast Region.
The Association, represented by Lawyer Malick H.B. Jallow, is seeking a declaration that the State violated their right to property and equal treatment under Sections 22, 33, and 37 of the 1997 Constitution. The applicants are also demanding GMD 12 million in compensation and reimbursement of GMD 1.2 million in legal and administrative expenses.
According to their affidavit, 40 landowners—12 of whom are directly affected—claim that they lawfully acquired their plots between 2006 and 2010 from the village Alkalo and indigenous owners. They allege that former President Yahya Jammeh unlawfully extended his control over the area and seized private lands without compensation.
The Association contends that, despite Jammeh’s departure, successive governments have failed to redress the violations. They accuse the authorities of continued discrimination, noting that while they are denied permits to rebuild their demolished properties, other nearby landowners continue to occupy and develop their plots without hindrance.
In a sworn affidavit, member Mamie Ceesay recounted how homes were destroyed and residents forced out, describing the ongoing situation as a denial of justice. The Association argues that their treatment amounts to unequal enforcement of the law and a breach of constitutional protections.
The next sitting is expected to address pending applications once the D5000 cost is paid. The two sides will each adopt their briefs, and then the court will adjourn for a ruling.
