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Sunday, June 23, 2024

Man sues drivers, KMC for illegal garage in his compound

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By Bruce Asemota

One Beran Malick Sosseh, a resident of Kanifing Estate has instituted a civil suit against one Amadi Kandeh, representing drivers of Kanifing Estate, the Kanifing Municipal Council, the Inspector General of Police and the Attorney General before the high court in Banjul.

The complainant, Sosseh is claiming that his fundamental right of privacy and that of his family has been, and is being continuously violated by the first respondent, Amadi Kandeh and his cohorts who set up a taxi garage in front of his compound on their own without any lawful authority.

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Beran claimed that the said garage has occasioned an unlawful assembly of cars between 6am to 10pm daily, whilst others remain there the whole night violating his rights and privacy to a peaceful and quiet environment on his property.

Sosseh claimed that the obstruction to his entry and exit in his compound is a nuisance caused by the first respondent and his cohorts who park their vehicles in front of his compound.

The complainant is seeking a high court declaration that the setting up of the taxi garage in front of his compound is unlawful and that the conducts of the first respondent Amadi Kandeh and his cohorts amounts to a violation of his fundamental rights of privacy.

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Sosseh is also seeking for the high court to award him One million dalasi as compensation for the continuous violation of his rights to privacy since the setting up of the garage in 2007.

When the matter came up yesterday, lawyer LK Mboge, who represented Beran Malick Sosseh and the drivers told the court that all the respondents have been served with the court processes.

However, Lawyer Yassin Senghore, legal counsel representing KMC informed the court that there is no cause of action against KMC, noting that KMC cannot be made a party to the suit.

Lawyer LK Mboge told the court that he would look at the law and advice himself.

Lawyer Edward Gomez, who represented Amadi Kandeh, the first respondent told the court that they have been served with the originating summons and informed the court that the same matter is before the Kanifing Magistrates’ Court.

Justice Ebrima Jaiteh, the presiding judge then ordered lawyer Edard Gomez to come formally before the court with regards to the suit pending before the Kanifing Magistrates’ Court.

The case was set for hearing at 11am on the 25th July, 2023.

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