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Court Awards D500,000 Against Gambia Government After Conceding Acting Arbitrary

The Gambia Government has conceded that they unlawfully occupied the property belonging the Global Home of Medical Mission (Global HOMM) which is currently being used by the Anti-Crime Unit. 

This came after they were dragged to court by Global HOMM over the property currently used as the headquarters of the Anti-Crime Unit of The Gambia Police Force.

In September 2019, a judgment was obtained from the Kanifing Magistrate’s Court in favour of the group in which writ of possession was issued. From September 2019 to date they are struggling to take over the land.

The magistrate made orders that the group shall take have possession of the property. Also, the court awarded cost in favour of the group and ordered the defendants to pay them fifty thousand dalasis for general damages for trespass. The lower court ordered the defendant to pay the group twenty five thousand dalasis for the cost of the action.

Appearing before the high court on Monday, 30th June Muhammed B. Sowe for the Attorney General said they have conceded to the application by Global HOMM (the applicants) seeking several declarations from the court.

The Respondents in this case were Minister of Lands and Regional Government, Director for Lands and Surveys and the Attorney General.

“The respondents concede to the application on the ground that the notice was not gazetted as required by section 7 (5) of the Lands Acquisition and Compensation Act,” Sowe informed the court.

He added: “We have reasons for doing that. We want to follow the right procedure.”

Lawyer Rachael Y. Mendy for the applicants (Global HOMM) indicated to that she had no objection to the State Counsel’s submission. However, she sought for the court to go ahead to grant the application.

Justice Francis Apangabuno Achibonga of the Banjul High Court granted the entire application made by Global HOMM and awarded cost of five hundred thousand dalasis against the State.

The court made declaration that the Notice of Acquisition and Revocation of their lease with the serial registration number K12/07 in respect to Global HOMM property in Bijilo which is currently occupied by the Anti-Crime Unit of the Gambia Police Force was null and void.

The court declared that the purpose for which the property has been compulsorily acquired by the State was not for public use.

The judge declared that the Global HOMM lease registration of their property that the Anti-Crime Unit is occupying remains valid and subsisting.

The judge declared that the allocation and the vesting of title of the Global HOMM property to a third party was null and void.

The court ordered that no Notice of Acquisition and Revocation of the Global HOMM leased property was served on them prior to the purported revocation.

The court made an order setting aside all transactions entered into by the Respondents with any third parties in relation to the Global HOMM property being occupied by the Anti-Crime Unit.

The court award cost of five hundred thousand dalasis (D500,000) in favour Global HOMM.

The hospital was unceremoniously closed down in by the Gambia Government. Global HOMM was unceremoniously expelled from The Gambia by former President Yahya Jammeh without explanation in 2010.

Global HOMM was registered as a charitable company in The Gambia, Certificate Number: 53/2007 on 14 February 2007.  The NGO Affairs Agency certified that Global HOMM was registered, recognized and allowed to operate as an International NGO in The Gambia on the 11 September 2008 as A76 NGO.

Global HOMM claimed to have spent a million and half in the construction of the structure that the Anti-Crime Unit of the Gambia Police Force. After it was closed down, the land was abandoned for some time before Jammeh’s Green Boys occupied the place. When the current regime took over from Jammeh, the Green Boys were moved out and were replaced with the Anti-Crime, who are permanently occupying the place.

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