By: Isatou Sarr
Justice Sonia of Banjul High Court Annex on Thursday adopted the consent terms reached by the parties as the judgment in a civil case between the applicant and defendants.
Dawda M. Joof is the applicant, while Ebrima K. Cham is the first defendant, Kawsu Sillah alias Kalifa Sillah, the second defendant and Salifu Cham, the third defendant.
The plaintiff had filed the suit seeking a declaration that he was the rightful owner entitled to possession of a piece of customary land in Sukuta, Kombo North, West Coast Region.
The land, as indicated on the attached sketch plans, measures approximately 93.20 x 40m and 105 x 50m. The claim also included damages for trespass, a perpetual injunction restraining the defendants from interfering with the plaintiff’s possession, interest at the rate of 25% from the date the suit was filed until judgment, thereafter at the statutory rate of 4%, costs, and any other relief deemed necessary.
The suit which commenced in 2018, was amicably settled by the parties, and the terms of settlement were recorded in writing and formally adopted by the court.
Under the consent terms, it is declared that Dawda M. Joof is the owner of a portion of land measuring 50m by 29m by 47m by 35m, together with a 5-metre-wide easement or access way as shown in Annexure A. The remainder of the land will be demarcated.
The 3rd defendant, Mamadi Ceesay, has relinquished all claims to the property, a fact confirmed by the 1st defendant.
The 5th defendant, Salifu Cham, previously bought the land from Habib Cham and Tijan Cham, brothers of the 1st defendant, and later sold it to the 4th defendant.
The 1st defendant’s family has agreed not to contest the sale. However, the 5th defendant shall relinquish any claims to the land demarcated in the consent terms.
The 5-metre-wide access way will serve as a common access for the benefit of the plaintiff, the 2nd defendant, and the 4th defendant.
All parties are required to execute the necessary documents to give effect to the demarcation and allocation of the land and will bear their own costs for regularizing titles.
The 1st defendant has agreed not to pursue his proposed counterclaim, and the plaintiff has likewise agreed not to pursue any claims outside the terms of the settlement. No orders as to costs were made.
Justice Sonia confirmed that the consent terms, once signed and filed, shall constitute the judgment of the High Court and are binding on all parties involved.
