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toubab1020
12237 Posts |
 Posted - 17 Aug 2021 : 19:59:38
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https://standard.gm/kmc-sues-govt-others-for-d20m-0-as-damages-for-trespass0/
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KMC SUES GOV’T, OTHERS FOR D20M as damages for trespass
The Standard: August 17, 2021
By Bruce Asemota
The Kanifing Municipal Council has instituted a civil suit against Sainabou Martin Sonko, Dr Alieu Keita, Bakary Jawo, Mam Kaba Bass, Babucarr Sanyang, Ministry of Lands, Regional Government and Religious Affairs, Inspector General of Police and the Attorney General, at the High Court in Banjul.
Kanifing Municipal Council is claiming the sum of D20.000.000.00 (twenty million dalasi) as damages for trespass into its premises and precincts without lawful authority and for intimidation of its staff and personnel.
The KMC is also seeking the High Court’s declaration that the Ministry of Lands and the Inspector General of Police, whether jointly or severally, do not have the power to determine matters relating to the appointment, control, discipline or employment of Sainabou Martin Sonko, Dr Alieu Keita, Bakary Jawo, Mam Kaba Bass and Babucarr Sanyang and that the Local Government Services Commission is the only body that may determine such matters.
The Council further seeks a declaration that any executive directive issued by the president to forcibly install any of the fore mentioned persons/ defendants in office despite the resolution of the plaintiff sending them on leave pending investigations into fraud and maladministration by the Local Government Service Commission and the Police is a violation of the Section 37, 43 (1) and 48 of the Local Government Act 2002, an abuse of executive power, unconstitutional and unlawful.
KMC also wants the High Court to make a declaration that the actions of the Inspector General of Police for deploying Police Intervention Unit officers to its premises to forcefully install into office Sainabou Martin Sonko pursuant to a purported executive directive is illegal.
More urgently, according to the suit, the KMC is seeking an injunction to restrain Sainabou Martin Sonko, Dr Alieu Keita, Bakary Jawo, Mam Kaba Bass and Babucar Sanyang jointly and severally whether by themselves, their servants, agents, privies or howsoever otherwise from entering upon or doing anything whatsoever on its premises, building and precincts wherever situated pending the conclusion of the investigations by the Police or the decision of the Local Government Service Commission on the alleged fraud and maladministration reported against them on the 27th July, 2021.
Meanwhile, the High Court presided over by Justice Ebrima Ba Jaiteh after hearing the ex-parte motion filed by the Kanifing Municipal Council against the 8 defendants on the 10th August, 2021 disclosed that the said motion raised a prima facie case to warrant the intervention of the court to grant an interim injunction, pending the hearing and determination of the suit filed.
The trial judge granted leave to Kanifing Municipal Council to hear this matter during this summer vacation 2021.
The trial judge also granted an interim injunction restraining Sainabou Martin Sonko, Dr Alieu Keita, Bakary Jawo, Mam Kaba Bass and Babucarr Sanyang whether by themselves, their servants, agents, privies, or howsoever otherwise from entering upon or doing anything whatsoever on the premises, building, precincts of the Kanifing Municipal Council pending the hearing and determination of the motion on notice or further orders of the court.
The trial Judge ordered that Sainabou Martin Sonko, Dr Alieu Keita, Bakary Jawo, Mam Kaba Bass and Babucarr Sanyang shall only be permitted to enter the premises, building, precincts of Kanifing Municipal Council for the purpose of investigations of the matters complained, pending the hearing and determination of the motion on notice or further orders of the court.
The case was adjourned to Wednesday, 18th August, 2021 at 10am for hearing of the application.
Related Topic: https://www.gambia.dk/forums/topic.asp?TOPIC_ID=17776
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"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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Momodou
Denmark
11511 Posts |
Posted - 20 Aug 2021 : 12:55:02
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KMC’s D20M suit case returned to CJ for reassignment
The Standard: AUGUST 20, 2021
By Bruce Asemota
https://standard.gm/kmcs-d20m-suit-case-returned-to-cj-for-reassignment0/
The civil suit filed by the Kanifing Municipal Council against Government of the Gambia, Sainabou Martin Sonko and others has been returned to the Chief Justice, Hassan B. Jallow by vacation judge, Ebrima Jaiteh for reassignment to another judge for continuation of the hearing into the case.
During the last sitting of the case on Wednesday 18th August, 2021, Senior Counsel Antouman Gaye informed the court that he is representing Sainabou Martin Sonko, Bakary Jawo, Mam Kaba Bass and Bubacarr Sanyang.
He told the court that he needed time to react to the application on notice.
Lawyer Yassin Senghore, who appeared for KMC informed the court about the urgency for the hearing of the application, adding that it is for that reason that the matter is heard during the vacation.
Principal State Counsel Binga D told the court that the state was served last Friday, 13th August at closing time but had been unable to file an affidavit in opposition.
He submitted that the parties be given fair hearing and urged the court to give the defendants opportunity to respond and therefore sought for an adjournment.
Presiding Judge, Ebrima Jaiteh informed the court that his term as the vacation judge ends that day but pointed out that he would return the case file to the Chief Justice for reassignment. |
A clear conscience fears no accusation - proverb from Sierra Leone |
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toubab1020
12237 Posts |
Posted - 08 Sep 2021 : 14:39:53
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"the vacation judge ends that day but pointed out that he would return the case file to the Chief Justice for reassignment."
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"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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Edited by - toubab1020 on 08 Sep 2021 14:41:43 |
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KMC SUES GOV’T, OTHERS for D20 Million
