By: Isatou Sarr
Justice Sonia Akinbiyi of the Banjul High Court Annex on recently delivered a judgment in favor of Dr. Wally Ndow, declaring him the rightful owner of a disputed plot of land situated at Busumbala. Dr. Ndow, represented by his attorney Basiru A.O. Njie, sued Kebba Jatta, Musa Sillah, Muhammed Waggeh, and Bakary Kanyi over ownership of the property.
In her judgment, Justice Sonia stated: “A declaration that the plaintiff is the rightful owner of a plot of land situated in Busumbala measuring 123.7m x 191.0m x 85.6m x 111.5m, purchased from Jerreh Jatta. An order that the plaintiff is entitled to possession of the Suitland as its rightful owner, an injunction against the defendants, their privies, agents, servants, and any person claiming title from the defendants, general damages, costs, and such further orders as this court may deem fit.”
According to the court, the defendants, though served, did not file any defence. The plaintiff claimed to have purchased the land in 2002 from the late Jerreh Jatta. An Alkalo transfer, approved by local authorities, and a land use report, along with receipts of statutory payments, supported the plaintiff’s claim. Dr. Ndow partially fenced the land and began using it for agriculture.
Justice Sonia outlined that proof in civil cases relies on the balance of probabilities. She emphasized that ownership of land may be proven by traditional evidence, documents of title, acts of ownership, acts of possession of adjacent land, or positive, numerous acts of ownership over time.
She concluded: “I find that the unchallenged evidence given by the plaintiff, supported by documents marked DWN1 to DWN14, establishes the plaintiff’s claims on a balance of probability.”Justice Sonia awarded Dr. Ndow GMD 25,000 in general damages and GMD 10,000 in costs. The court declared Dr. Ndow the rightful owner of the disputed plot.
