By Bruce Asemota
Justice Oleidi U. Uduma of the High Court in Banjul has ordered one Mariama Krubally to pay a million dalasi to one Ebrima Jimbara after a failed land transaction between them.
The judge made this declaration in a judgment delivered involving the duo over a purchase of land in Sukuta, West Coast Region in January 2017.
In her judgement, the trial judge disclosed that the evidence before the court was that Ebrima Jimbara contacted one Sanna Fatty, a real estate agent who informed him that Mariama Krubally had asked him to find a buyer for a land in Sukuta that she was selling.
The judge further disclosed that the agent took Ebrima Jimbara to Mariama who introduced herself as Mariama Samateh and produced an alkalo local transfer ownership and a Brikama Area Council transfer of land ownership documents indicating that one Mustapha Bah transferred the land to her.
The trial judge also disclosed that Mariama also showed Jimbara a land transfer ownership documents from one Revben Simon Thomas to Mustapha Bah and upon being shown the documents, Ebrima became convinced that the land belongs to Mariama.
The judge said the plaintiff agreed with the defendant and he paid directly to the defendant two instalments of D 100.000.00 and D900.000.00 respectively. Thereafter, the defendant prepared and presented the relevant documents indicating that she has transferred the land to the plaintiff.
However according to the judge, evidence before the court showed that on the 21s May, 2019, the plaintiff visited the said land with his family only to discover that one Yusupha Jammeh had deposited sand there claiming to have purchased the same land and this was communicated to Mariama who promised to resolve the matter but failed to do so.
The trial judge averred that Jimbara reported the matter to Brusubi police and Mariam admitted that she sold the said land to him and also said before the plaintiff paid the said D1M to her, she previously sold and transferred the same land to Yusupha Jammeh.
Justice Uduma stated that the evidence of the plaintiff before the court was not controverted and was not contested by the defendant.
Justice Uduma further pointed out that since the evidence of the plaintiff was not contested or contravened, the court held that the plaintiff had proved his case and accordingly ordered the defendant to pay the plaintiff the sum of D1M.
The trial judge also ordered the defendant to pay the sum of D100.000.00 as damages to the plaintiff and another sum of D20.000.00 to the plaintiff.
