By Isatou Sarr
The Banjul High Court Annex has granted a foreclosure order in favour of Cherno M. Jallow and Malick M. Jarju in a property dispute involving three defendants, including Balla Drammeh and Morro Baldeh.
Delivering her ruling on Monday, Justice Sonia Akinbiyi K.J.W. awarded D10,000 in legal costs to the plaintiffs.
The case arose from a loan facility granted to the first defendant, Balla Drammeh, on 24 January 2024. The loan was secured with a leasehold property located in the Bakoteh Layout, Kombo St Mary Division.
Court records indicate that the property, registered under Lease Serial Registration No. K3/2022, was mortgaged to the plaintiffs. The total loan obligation, including interest, stood at D3,070,000, of which D1,500,000 was acknowledged by the first defendant as received.
Despite being duly served with the originating summons, none of the defendants entered an appearance or filed a response to contest the claims.
In her ruling, Justice Sonia noted that under Section 20 of the Mortgage Act, 1992, foreclosure is a lawful remedy available to a mortgagee where a mortgagor defaults on repayment. She added that the defendants’ failure to respond to the suit effectively amounted to an admission of the plaintiffs’ claims.
“The evidence given by a party to any proceedings, which is not challenged by the opposite party despite having the opportunity to do so, must be acted upon by the trial court,” she ruled.
Justice Sonia further explained that the originating summons procedure is intended to simplify court processes by avoiding lengthy pleadings, while not expanding the court’s jurisdiction.
The judgment authorises the judicial sale of the Bakoteh property to recover the outstanding loan amount.
About the Author
