By Nelson Manneh
In a case that has lingered in the courts since 2022, Senior Counsel Borry S. Touray on Thursday, May 8, formally adopted his briefs of argument in opposition to a motion seeking to add the Attorney General and two government departments as defendants in a long-running land dispute. The motion, filed by Lawyer Kebba Sanyang, requested that the court include the Department of Physical Planning and the Department of Lands, and issue orders for them to be served with court processes.
The civil suit, filed by Momodou L. Jarju—widely known as Rongo—on July 28, 2022, targets 17 defendants, including Bakary Bojang, alias Babai, and the Alkalos (village heads) of Lamin, Makumbaya, and Kubariko. At Thursday’s hearing, Mr. Jarju and his lawyer were present, along with Counsel Anna Reduin Gomez and two defendants. Lawyer Sanyang and all three Alkalos were absent.
In his affidavit in opposition filed on April 1, supported by a 13-paragraph submission, Counsel Touray categorically objected to the application. He argued that the government entities in question had no role in the original dispute and should not be drawn in at this advanced stage. “The Attorney General and the named departments were never parties to this litigation and have no demonstrated interest warranting their inclusion,” Touray stated.
He pushed back on assertions made by Counsel Gomez, who had claimed that the Department of Physical Planning and the Department of Lands are responsible for land regulation in The Gambia. Touray countered that such claims overstate government involvement. “Ninety percent of the land in this country remains undocumented and is managed informally by local communities. Most freehold land has no connection whatsoever to the Department of Lands,” he said.
Touray argued that the government plays a limited role in land ownership and allocation, confined primarily to designated government layouts. “The government’s ownership is restricted to areas like Banjul and parts of McCarthy Island acquired during the colonial era. The rest belongs to indigenous communities who exercise full control over their land.”
He emphasized that the Attorney General cannot be compelled to participate in a matter unless a government institution has been sued. “In this case, no such claim has been made against any government office,” Touray said.
Calling the motion a delay tactic, Touray accused the defense of acting in bad faith. “This application lacks merit, is not made in good faith, and serves only to waste the court’s time,” he told the bench. He further pointed out that the defendants have yet to file any defense since the matter was initiated nearly three years ago, despite having been duly served with all court processes.
Touray also highlighted inconsistencies within the defense’s own filings, stating that their written arguments undermine their request. “On page three of their own brief, they admit the court cannot grant this application. Even the legal authorities they rely on contradict their position,” he argued.
In his final submission, Touray urged the court to dismiss the motion with costs. “The application is legally unsound, procedurally flawed, and unsupported by both fact and law,” he said. “It must be dismissed.”
The case was adjourned for ruling, scheduled for June 16, 2025, at 11 a.m.
The defendants in the suit include: Bakary Bojang (a.k.a. Babai), Ebrima Bojang (Alkalo of Lamin), Jerreh Sanyang, Siddy Gomez, Cherno Njie, Mustapha Jammeh, Kunkung Danso, Lamin Conteh, Malick Sey (a.k.a. Mawdo), Kebba Kujabie (Alkalo of Makumbaya), Modou Jobe, Nfally Sanneh, Modou Manneh, Sulayman Sisay (Alkalo of Kubariko), Winston Able Thomas, Muhammed Mendy, and Buba Ceesay.
