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Saturday, September 25, 2021

Court asked to strike out motion filed by Sambang-Mandinka Kunda

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By Bruce Asemota

Lawyer Jarju, representing the people of Niamina Sambang Fula Kunda has called on Justice Mahoney of the high court to strike out the motion filed by the people of Mandinka Kunda with cost.

He further argued that the substantive application seeks to quash the decision of the Niamina Group Tribunal.

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Lawyer Jarju further argued that the application is misconceived and incompetent, adding that the processes were filed almost 14 months after the Group Tribunal delivered its judgment.

He argued that the application to quash the decision of the Group Tribunal should have been brought within six months after the decision, adding that the Group Tribunal decision was delivered on 16 June, 2018.

However Lawyer LK Mboge who represented the people of Mandinka Kunda submitted that the preliminary objection of lawyer Jarju was only intended to delay the court proceedings.

Mboge further argued that subject to the circumstances surrounding the case and application, the court should exercise its discretion to hear the substantive application.

Meanwhile, presiding judge, B.V.P Mahoney adjourned the matter to today, 4th September at 12 noon for ruling.

The crisis arose from the judgment of the Niamina Group Tribunal delivered on 18 March, 2018 in favour of the Sambang Mandinka-Kunda people and few months later, one of the Group Tribunal members wrote to the parties that he has corrected the judgment earlier given and had now reversed the judgment and was in favour of the Sambang Fula Kunda people and a writ of possession was issued to the people of Sambang Fulakunda.

The people of Sambang Mandinka Kunda filed a motion before the High Court seeking an interim injunction restraining the people of Fula Kunda from interfering with the land in dispute.

The people of Mandinka Kunda also filed a motion to quash the decision of the Niamina Group Tribunal delivered in favour of Fula Kunda people.

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