By Nicholas Bass
An order was on Monday granted by Justice Francis Archibongaof the Banjul High Court for the proprietor of Yunus English School to develop a newly constructed building on land allocated to him by the Ministry of Local Government and Lands.
It could be recalled that the State, through the Ministry of Lands, sometime in 1990 allocated the land to one Amie Fofana (the administrator of the Estate of the late Fatomatta M. Sise) to develop it but she failed to adhere to the conditions attached.
Thirty years later, the State through the lands ministry, made a re-entry and allocated the same plot to Mr. Yunusa Sillah to operate Yunus English School.
However, Mrs. Fofana filed a civil suit against the lands ministry, Yunusa Sillah, and the Office of the Attorney General.
Her lawyer Momodou W. Jallow explained to the court that the State did not serve his client with notice before allocating the plot to Mr. Sillah. He admitted though that his client failed to honour the strings attached to the licence of the plot by the lands ministry.
Lawyer Jallow said the court did not have the power to carry on with the order dated 6 June 2023, which seeks that the plaintiff shall undertake to pay damages if eventually, it turns out that the order should not have been made.
The State counsel Saikou Lamin Jorbateh disagreed with Lawyer Jallow. Lawyer Jobarteh said the State served Amie with a notice of her failure to keep to the condition of the license of the plot.
He pleaded with the court to allow Yunusa Sillah to develop the plot, saying that if the court restrains him, it implies that the State is restrained.
Upon hearing from both sides, Justice Archibonga granted the State’s application and ordered Mr. Yunusa Sillah to roof the completed structure. He noted that Mr. Sillah shall plaster the wall, tile the floor, and fix the windows and doors.
