Another demolition

Tuesday, April 29, 2008
At least 100 compounds in Busumbala were, in the wee hours of Wednesday morning, bulldozed, leaving hundreds of people homeless.

The land area covered by the demolition exercise was over 1km.  Buildings and fences were levelled down to the ground. This reporter visited the scene,  and in an interview with the Daily Observer, Ansumana Kinteh, one of the victims of the exercise, alleged that one Sulayman K. Jobe who claimed ownership of the land, accompanied by one Buba Sanyang, had come with a bulldozer and demolished their houses and fences.

Mr Kinteh said that he had acquired his land from Alhagie Dembo Jatta, the Alkalo of Busumbala, years ago. “The demolition has reduced me to zero”, he said.

Momodou Gaye, Abdou Ceesay, Madi Ceesay, Ousman Ceesay, Natoma Sanyang and Mbengeh Saine all adopted the statements of Mr Kinteh.

When contacted to shed light on the allegations levied against him, Sulayman  K. Jobe told the Daily Observer that the said land was his father’s. “

The land belong to my father, Yusupha Jobe. It was leased years ago. I want to make a change of the use of purpose of the land and in that, the Social Security and Housing Finance Cooperation advised that 70 percent of the said land will go to them and should now own 30 per cent which I agreed. Soon after, the Social Security and Housing Finance Cooperation (SSHFC) and the Physical Planning Unit contracted my company, ALGAM Enterprise to demolished the said area for them. The victims were given notice to vacate the place, but they refused” h explained .

Court

However, the demolition case was yesterday filed in court before Justice Nguie Mboob-Janneh of the Brikama High Court by   Dembo Jatta , Bai Jatta , Botto Jatta, Bolong Jatta , Malang Jatta, Kebba Jatta, Katim Manneh, Manta Jammeh , Bolong Mary and Nfama Singhateh as plaintiffs against Pa Jobe the defendant.

When the case was called before Justice Nguie Mboob-Janneh of the Brikama High Court, counsel Lamin Mboge and Borry Touray announced their representation for the plaintiffs.

Lawyer Lamin A.M.S Jobateh represented the defendant Pa Jobe.

By virtue of Order 3 Rule 1, Schedule 2, rules of the High Court, Cap 6..01, Justice Nguie Mboob-Janneh said the writ of sermon before her was incompetent. Justice Mboob-Janneh added that Order 3 of the High Court stated that, where the plaintiff is suing in a representative capacity, it shall be expressed on the writ.

Justice Mboob-Janneh further stated that the counsel for the plaintiff failed to indicate the representative capacity on the writ and the law makes it mandatory by  virtue of Order 3 rule 1 and in that the parties have a Locus Standi to represent their families as stated in paragraph 1 of the statement of claim.  She added that both the counsel for the plaintiff and the defendant has addressed the court on the issue. She adjourned the case for ruling on the matter today, Tuesday 29 April.




Author: by Sheriff Barry