Africa-Press – Gambia. The Banjul High Court Annex on Tuesday struck out a civil suit over a multi-million-dollar land dispute after the plaintiff failed to diligently pursue the case.
Presiding Judge Justice Sonia Akinbiyi K.J.W. dismissed the suit brought by Kissima Camara against 31 defendants, citing repeated non-appearance by the plaintiff despite due notice.
The defendants include Muhammed Jatta, Muhammed Susso, Alhagie Fatty, Lamin Susso, Mbye Mbowe, Sulayman Sowe, Saihou Touray, Oustass Njie, Ebrima Jawo, Sheriff Jawo, Saikou B. Jarju, Abba Jarju, Ash Cham, Fanta Marong, Ebrima Sannah, Edrisa Marong, Kemo Nyangago, Omar D. Sonko, Fatou Cham, Modou L. Touray, Mai Barra, John P. Gomez, Foday Drammeh, Amadou A. Bah, Bakary Bah, Pa Mama Jangha, Lamin Dampha, Mr. Sillah, Landing Jammeh, Deela Sanyang, and Abou Tawredy Makhanra.
Delivering her ruling, Justice Akinbiyi noted that the matter had been previously adjourned for mention or definite striking out, and that a hearing notice had been issued and served on the plaintiff. Despite this, the plaintiff failed to appear in court.
“This matter was adjourned till today for mention or for definite striking-out. A hearing notice was issued and served to notify and jump-start the plaintiff, yet the plaintiff is still not in court to prosecute this suit,” she said.
The judge emphasized that the court could not continue to hold cases where parties demonstrated no commitment to prosecuting their claims.
“The court is not a warehouse of epileptic and comatose cases. When the plaintiff is ready, he can return and prosecute the matter diligently. Accordingly, the case is hereby struck out for want of diligent prosecution,” she ruled.
The court also awarded costs of D20,000 in favour of the defendants.
The dispute originated from a land conflict in Rhumba Village, Kombo South District, West Coast Region. In his claim, Camara sought a declaration that he is the legal owner of a freehold customary land parcel measuring 300 by 200 by 300 by 200 metres, as reflected in the attached sketch plan.
He further requested a declaration that any sale or disposition of the land was unlawful, null, and void, and sought the cancellation of all documents of transfer, land use reports, certificates of occupancy, or leases issued in respect of the property.
Additionally, the plaintiff claimed D10 million in damages for alleged trespass, an injunction restraining the defendants and their agents from entering the land, and D300,000 in legal and administrative costs, alongside interest and other incidental reliefs.
With the suit struck out, the court left open the option for the plaintiff to refile the matter and pursue it with due diligence.
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