By Isatou Sarr
The Brikama Magistrates’ Court has ruled in favour of Jambur businessman, Habib Ndow, following a land dispute; awarding him D30,000 in damages and possession of a disputed plot of land.
The judgment was delivered on Monday, 5th October 2026, by Magistrate K.B. Sambou after the defendant, Basirou Bojang, failed to appear in court despite several adjournments and being served with a hearing notice.
Ndow, represented by lawyer Ebrima Jallow, filed the civil suit against Bojang, a land dealer, both of Jambur Village.
According to the plaintiff’s statement of claim, he sought possession of two portions of land measuring 70 metres by 50 metres and 20 metres by 40 metres respectively, located in Jambur. He also claimed D50,000 in damages and D10,000 in costs.
Ndow told the court that he had acquired a 100-metre by 50-metre piece of land from the Jabang Kunda Family which he alleged was subsequently encroached upon by Bojang.
He further alleged that the defendant sold portions measuring the stated dimensions to two individuals, who had commenced developments on the land, including the construction of a fence, without his consent.
The case first came before the court on 30th June 2026, when Ndow was present but Bojang was absent.
The matter was adjourned several times to allow the defendant to appear. The court was also presented with an affidavit of service indicating that Bojang had been served with a hearing notice.
On 14th September, Ndow appeared in court while Bojang was again absent. Magistrate Sambou noted that it was the third consecutive occasion on which the defendant had failed to appear and granted him a final opportunity to attend the proceedings.
The court warned that failure to appear on the next adjourned date would result in the matter proceeding pursuant to Section 7(1) of the Subordinate Court Civil Proceedings Act.
When the case resumed on 5 October, Ndow was present, but Bojang again failed to appear.
Delivering the verdict, Magistrate Sambou said the defendant had never entered appearance in the case and had provided no explanation for his absence.
The magistrate consequently invoked Section 7(1) of the Subordinate Court Civil Proceedings Act and entered judgment in default of appearance in favour of the plaintiff.
The court ordered that Ndow take possession of the disputed 70-metre by 50-metre portion of land in Jambur and awarded him D30,000 in damages.