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Gambia: Busumbala Land Dispute Case Dismissed Defendant Awarded D5000
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The Daily Observer (Banjul)
5 May 2008
Posted to the web 5 May 2008
Sheriff Barry
Brikama High Court Judge, Justice Ngui Mboob-Janneh, last Tuesday dismissed the Busumbala land demolition case filed before her by Dembo Jatta and nine others, against one Pa Jobe, and subsquently awarded D5000 to the defendant, as cost.
Justice Ngui Mboob-Janneh said that the issue before the court was none compliant with order 3, rule I, schedule II, rules of the High Court. Her lordship, said paragraph one of the plaintiff's statement of claim stated that all the plaintiffs were from Busumbala village in the Kombo North District, that they instituted the action for and onbehalf of their families, and that their writ of sermons was not inorder with order III rule I. She said that the court raised an observation and asked both the plaintiff's and defendant's counsel to address the court on the issue.
Justice Mboob-Janneh, after listening to both parties and reviewed the case, said that an interest common to a class of persons could not be confined on a few of those persons. "They can only mention a similar action on a representative capacity.
Order III rule I schedule II, rules of the High Court requires, as mandatory, that it be expressed on the writ", she said. She added that the plaintiff's writ in did not comply with the rules. "This court is of the considered opinion that the suit is incompetent and this court lacks jurisdiction to hear the matter. The case is here by being struck out for lack of due conformity with order III rule I. The case is struck out with a cost of D5000 awarded to the defendant", Justice Mboob-Janneh concluded.
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