Wednesday, November 13, 2019

Plaintiff Claims Kombo North Chief Defied Magistrate’s Court Judgment

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By Louise Jobe

Alieu Jallow said Muhammed Bojang, the Chief of Kombo North defied the judgment of the Brikama Magistrate’s Court by issuing illegal orders on the same property.

Plaintiff Jallow who is appearing before the said Magistrate’s Court, seeks among other things for the Chief together with three others to prove why they should not be charged with contempt.

The Chief who also filed a motion before the same Court seeking dismissal of the case, arguing that the Court lacks jurisdiction to entertain the suit, but Jallow maintained that the Magistrate’s Court has the jurisdiction.

Jallow put forward that Chief Bojang intends to rely on his orders issued three months ago, to restraint the Plaintiff from the land pending the suit before his tribunal, after the Brikama Magistrates Court had delivered its judgment.

Jallow said the judgment was delivered on January 2019 while the Chief made the two orders in April 2019. He argued that the exhibits by the Chief were illegally issued. The other defendants in this suit are Seedy Bojang, Essa Bojang, and Musa Manneh.

Alieu Jallow said the Chief’s affidavit is intended to mislead the Court and has some elements of misrepresentation. “The defendants (the Chief and his colleagues), had no authority to attack me for my legally acquired property,” Jallow said; that their actions were ‘total administrative lawlessness.’

“The 1st defendant (Chief Bojang) deliberately refused to accept the judgment from the Magistrate’s Court,” Jallow said; adding the judgment and orders by the Magistrate’s Court must be respected because it is a Court of competent jurisdiction. He said the Chief and his colleagues should have respected the judgment of the Magistrate’s Court and filed an appeal at the High Court. He said he was detained for four days under the instruction of the Chief.

Jallow labelled these orders by the Chief as illegal and unprofessional because they were deliberately executed after securing judgment from the Magistrate’s Court. “The action by the defendants was deliberate, illegally executed, high handed and with impunity. Their actions are total administrative lawlessness,” Jallow said.

Jallow also pointed out that the Chief had issued a press release sometime in 2018 condemning Babylon as a village; adding the Chief has some sentiments against the village and her people.

State Counsel B. Saidy and S. Jobarteh said this is contrary to Law and therefore urged the Court to strike out the plaintiff’s affidavit in support of his case.

Presiding Magistrate Peter Ado Che asked the plaintiff to come with his Lawyer next Wednesday September 18th 2019, and the case was adjourned to this date.

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