By: Ousman Saidykhan
The first prosecution witness has testified at the Kanifing Magistrate Court in a land case involving one Hagie Jamigeh (plaintiff) and one Lamin Singhateh (defendant) who trades at Star Property.
The plaintiff complains that he could not hold possession of the piece of land he bought from the defendant even after developing it, as another person has claimed ownership of the said property.
Plaintiff Hagie Jamigeh is claiming a recovery of D500,000.00 (Five hundred thousand dalasis), the amount he claimed to have paid for the said piece of land
The complainant is also claiming another D261, 000.00 (Two hundred and sixty-one thousand dalasis) being the alleged cost incurred on the construction of the fence and house on the property.
The businessman is further making a claim of D150, 000.00 (One hundred and fifty thousand dalasis) for administrative and legal fees among others.
This brings the total amount to nine hundred and eleven thousand dalasis.
The 1st witness, Ebrima Jallow, a close associate of the plaintiff told the court that he has worked with the plaintiff since the buying of the piece of land, thereby availing him the knowledge of whatever transpired as regards the property.
The witness told the court they bought four trips of sand and 180 bags of cement in total for both fencing and building of the house.
“I don’t have any document for the sand, but I have for the cement. We bought 50 bags first, 60 bags and then 40bags,” Mr Jallow told the court. The document for the cement was tendered and marked by the Magistrate as exhibits A, A1 and A2.
After moulding the blocks under his supervision, the witness said they dug the foundation to start the construction but realised the piece was cut by someone.
“I asked Lamin (defendant), and he said he didn’t know but would find out. After that, when I and Hagie (the plaintiff) called he would sometimes not pick up our calls, but when he picks, he would say he didn’t know,” the witness said.
The witness, in his testimony, told the court that the defendant later asked them to fence the remaining of the said land and he (the defendant) would give them another land equivalent to what was cut from the plaintiff’s land. They agreed and did the fencing and built a house on the property, after which, the defendant gave them the piece he was supposed to give them; that one too, in Jamburr.
The witness testifies that both lands are claimed by people. “Someone removed the gate of the first one (where they fenced and built house) and fixed their own gate. Someone claimed the second one too even though our two trips of sand are there.”
None of the two pieces of land is in their possession, Jallow told the court.
“We could not recover the expenses and we have demanded (a refund). So we hired a lawyer who wrote to the defendant but he failed to reply,” the witness said.
The letter was marked as exhibit B.
