34 C
City of Banjul
Monday, November 23, 2020

High Court grants Brufut VDC restraining order against respondents

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By Bruce Asemota

Justice Ebrima Ba Jaiteh has granted an order of injunction restraining Ba Jamba Bojang and Ebrima Manjang as respondents, by themselves, agents, servants or privies or any other person acting for them or on their behalf from entering into or otherwise interfering with or alienating a suit land measuring 121.70m by 130.80m by 118.20m by 145.70m situated in Brufut village pending the hearing and determination of the suit before the High Court.

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Justice Ebrima Ba Jaiteh disclosed that the motion on notice was filed by Brufut Village Development Committee and Brufut Village Development Recovery Committee against the respondents and the motion was supported by a 40-paragraph affidavit sworn to on the 22nd of July 2020 by one Abbas Manneh of Brufut Town, the Chairman of the Sub-Committee on the Recovery of Public Assets owned by the community of Brufut.
Justice Jaiteh revealed that there was only one issue before the court and that was whether it is in the interest of justice to preserve the suitland by restraining these people by granting an interlocutory order of injunction pending the hearing and determination of the suit.

He stated that the law that governs injunction in this jurisdiction is provided in Order 12 Rule 1 of the Second Schedule of the High Court Rules and his court has the inherent power to issue an interim/interlocutory injunction to protect or preserve the status quo pending the determination of the substantive suit.

He explained that his court is under a duty to examine the affidavit of the applicants in order to ascertain whether the applicant has established that there is a serious issue to be tried and that he has a legal right, which ought to be protected.
Justice Jaiteh revealed that the balance of convenience was the major determining factor which covers the inconvenience that would be caused if the parties are not restrained until the suit is finally determined.
He further revealed that paragraph 39 of the affidavit in support averred that if the respondents are not restrained pending the hearing and determination of the suit, the respondents will continue to alienate the suitland and in the process escalate the tension between the parties and the rest of the community of Brufut.
Justice Ebrima Ba Jaiteh accordingly ordered that Bajamba Bojang and Ebrima Manjang are restrained by themselves, their agents, servants, or privies or any persons acting for them or on their behalf from entering into or otherwise interfering with or alienating the suitland situated at Brufut Town measuring 121.70m x 130.80m x 118.20m x 145.70m pending the hearing and determination of this suit.

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