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toubab1020
12306 Posts |
 Posted - 25 May 2018 : 14:55:01
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NO COMMENT.
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By Yankuba Jallow
The people of Kerr Mot Hali, Upper Saloum District, are seeking justice from the Government of the Gambia in executing the judgment of the Banjul High Court that went in their favour.
The High Court ordered that they be allowed to return to the land from which the entire villagers were forced out from but the court order is yet to be executed.
Since October 2017, the Judgment is yet to be enforced after all due procedures were followed.
Speaking to Foroyaa, one Yunusa Ceesay, on behalf of the community, said they were forced out of their village land and have since been lodged in a neighbouring village in Senegal since 2009. He said after the judgment was delivered in October 2017, the people have been desperate to return to their community but they are always confronted with major challenges in the enforcement of the judgment.
“We have the judgment in our favour, in addition to the writ of possession issued to us by the court,” said Ceesay. But the Sheriff of the High Court is constrained in facilitating the repossession of our land. Mr Ceesay explained in detail how they have been moving up and down to the police, civil litigation department at the Attorney General’s Chambers, and have petitioned the President but the requisite support that the Government should provide to the Sheriff is unavailable; rather they have been witnessing obstacles.
“This is where the problem lies and we are desperate to return to our land that we were forcefully uprooted from and sent into exile by the authorities. We instituted a case and we were successful in a bid to regain what is rightfully ours. Why is the Court’s order not respected by the authorities?” he asked.
The people from the community had brought an action before Justice Aminata Ceesay-Saho of the Banjul High Court seeking for a declaration that they are all citizens of the Gambia who have right over their properties and have a right to return to the country because they have been deprived their right over their properties in the village.
These people fled to a neighbouring village in Senegal when they were confronted by policemen who arrested many of them and jailed many as well. The applicants on their claim fled from their village since 2009 and have been making efforts to return to the village but say that they were told by the police not to do so.
http://foroyaa.gm/kerr-mot-hali-village-seek-justice-from-government/
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toubab1020
12306 Posts |
Posted - 13 Jun 2018 : 14:24:51
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Ahhhhhhhhhh...Foroyaa is on the case,let's wait for developments,its very political & will be difficult for both countries to make a decision
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In the year 2009 the people of Kerr Mot Hali in Upper Saloum District, Central River Region were booted out of their village in which they claim to have been living since the 18th Century. For the past nine years they have been living as refugees in Senegal not being able to occupy their village. They were patient and followed the due process of law but since judgment was delivered in their favour on 12th October 2017 and a subsequent writ of possession granted in January 2018 the people of Kerr Mot Hali cannot still take possession of their land because of lack of enforcement, even though they have offered an olive branch.
In this new dispensation, the judiciary needs to be vigilant and the Executive has to recognise and respect the independence of the judiciary and assist it in the execution of its functions. Section 120 subsection (4) of the Constitution stipulates that,
“The Government and all departments and agencies of the Government shall accord such assistance to the courts as the courts may reasonably require to protect their independence, dignity and effectiveness.”
Further, the people of Kerr Mot Hali believe that they have discriminated because of their religious belief and this is the reason why they were kicked out of their village, contrary to the requirements of sections 25 and 33 of the Constitution. The Court held that they are not to be discriminated by the Respondents on account of their religion, culture, and tradition and particularly in the practice of their religion and the manifestation of such practices in the village. After all, justice must not only be done but must be seen to be done.
The new dispensation calls for vigilance and the avoidance of slippages into the past. |
"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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At least an explaination is needed !
