Kerr Mot Hali sues Government over property rights

By Yankuba Jallow

The People of Mot Hali of Central River region have sued the Inspector General, Attorney General and two others in relation to a matter that they alleged they are being deprived their right over their property.

These people brought the 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 village is in Upper Saloum, Central River Region of the country and is known for its religious sectionalism but a clash occurred when the Mourid leader Muhamadoul Habibulah Secka passed away in the year 2007.

This issue came about because of renovation of the mosque after the death of the leader when the indigenes clashed with his family men from Senegal and the police joined in which led them to flee because of the fear of arrest.

The applicants are Muhammed Bassirou Secka, a son of the late leader Muhamadoul Habibulah Secka who represents the whole village whilst the respondents are Inspector General of Police, Attorney General, Sheikh Seck (the current Alkalo) and The Governor of Central River Region.

They are also seeking a declaration that they own the land and have the legal title over the land meaning they have entitlement to possession of their respective properties.

In addition, they are seeking for an order of injunction to restrain the Respondents and each of them, whether by themselves, their servants or agents or howsoever from dealing with, entering or remaining on, or alienating or otherwise interfering with the Applicants’ properties which are all situated in the village.

Also they are seeking an order of perpetual injunction to restrain the Respondents from preventing the Applicants from taking possession and occupying their respective properties all situated in the village of Kerr Mot Hali.

Furthermore, they are seeking a declaration that the Applicants are entitled to assemble and gather in order to practise their religion and to manifest such practice in the village. They are also seeking an order of perpetual injunction to restrain the Respondents from preventing the Applicants from practicing their religion in the village. Finally they are seeking for a declaration that the Applicants are not to be discriminated against by any of the Respondents on account of their religion, culture and tradition and particular in the practice of their religion and in the manifestation of such practice.