By Isatou Sarr
Justice Sonia Akinbiyi of Banjul High Court Annex on Thursday entered judgment in favour of the plaintiff, Momodou Bojang, represented by his attorney, Ousman M. Ndow, in a land dispute against Amie Jawo.
The plaintiff had sought a declaration that he was the beneficial owner and entitled to possession of a parcel of land measuring 2,336.07 square metres located in Tujereng, Kombo South District, as indicated in the sketch plan attached to the writ of summons.
He also sought an order for the defendant’s ejection from the land, damages for trespass, a perpetual injunction restraining the defendant and her associates from interfering with the property, and the recovery of legal and administrative costs amounting to D90,000.00.
Delivering judgment, Justice Akinbiyi noted that the defendant failed to challenge the plaintiff’s claims despite having been served with the originating processes and hearing notices.
“In the absence of challenge and controversion by the defendant of the plaintiff’s claims despite being served with the originating processes and hearing notice, this court treats the non-challenge and non-controversion, in the face of ample opportunity afforded to the defendant to do so, as a clear admission of the plaintiff’s claims,” the judge said.
She added that, as a consequence of the deemed admission, the plaintiff’s claims as set out in the writ of summons, statement of claim and supporting processes were established before the court.
Justice Akinbiyi consequently granted all the reliefs sought by the plaintiff.
The court declares that the plaintiff is the beneficial owner and entitled to possession of the entire parcel of land situated at Tujereng, measuring 2,336.07 square metres.
The court also ordered the ejection of the defendant from the disputed property and awarded D10,000 in general damages to the plaintiff for trespass.
In addition, the court issued a perpetual injunction restraining the defendant, her servants, agents, family members or any other persons acting on her behalf from entering, subdividing, selling, alienating, renting, leasing or otherwise interfering with the plaintiff’s land located in Tujereng, Kombo South District, West Coast Region.
Justice Akinbiyi further awarded D90,000 to the plaintiff as legal and administrative costs.
The judge concluded that all five claims made by the plaintiff had succeeded and adopted the terms outlined above as the judgment of the court.