By: Isatou Sarr
The Brikama Magistrates’ Court has struck out a civil case over disputed plot of land in Busumbala after ruling that it lacked jurisdiction to determine the ownership of the property.
The judgement was delivered by Magistrate K.B. Sambou on Monday October 12th, 2026, in a case filed by the Jatta Kunda family of Busumbala, represented by Ismaila Jatta, against Lamin Jaiteh of Serekunda.
According to the statement of claim, the plaintiff filed the suit on March 24, 2026, seeking the repossession of a plot of land measuring 200 metres by 100 metres in Busumbala Village.
The plaintiff also sought an order for the defendant’s eviction from the land, alleging that Jaiteh had encroached on the family’s property.
The plaintiff claimed that his father had given the defendant a portion of land measuring 100 metres by 150 metres but alleged that the defendant occupied a larger area measuring 200 metres by 100 metres.
When the claim was read to the defendant in English and interpreted into Mandinka, the language he chose to speak, he denied liability.
In delivering the judgement, Magistrate Sambou noted that the plaintiff testified without calling any witnesses. After hearing the defendant and his witnesses, the court found that ownership of the disputed land was in question.
The magistrate consequently ruled that the court lacked jurisdiction to determine the matter and struck out the case pursuant to Section 3 of the Subordinate Court Civil Proceedings Act.
The ruling means the dispute cannot be determined by the magistrates’ court on the merits of the ownership claim, leaving the parties to pursue the matter before a court with the appropriate jurisdiction.