By Amadou Jadama
Two appellants in the Banjulinding land case have filed an appeal seeking for a stay of execution of judgement, almost a month after the Court of Appeal ruled against them in favour of Alkalo Momodou Lungs Jarju.
The Appeal Court ruled last month that “the basic rule under customary law is that land belongs to the village, communities or families with the chief or headman of the community or family as the manager or trustee holding the land for the use of the whole village, community or family”.
But in a notice of appeal to the Supreme Court, the appellants said the Court of Appeal “erred in law” when it dismissed their appeal.
They claimed they have demonstrated and showed various documents to confirm that they were in possession of the suit land, but the appeals court “overlooked” those assertions.
Momodou Lamin Jarju (Rongo) and Lamin Jarju said the traditional evidence led by the Alkalo Momodou Lungs Jarju was “not cogent nor sufficient” for the court to declare the alkalo and his people owners of the suit land.
“The respondents at all material times alleged that the suit land was reserved land which they woefully failed to prove.”
Lawyer Antouman Gaye representing the appellants, wants the Supreme Court to “set aside the judgement of the Gambia Court of Appeal” and enter judgement for their clients.
