The Basse High Court presided over by Justice Ezak Ezak has upheld a judgment delivered by the Bakadagi District Tribunal in the Upper River Region’s district of Jimara against four men on grounds of lawful and reasonable decision by the lower court that is vested with powers of declaring title to land.
The presiding judge uphold the judgement in an appeal brought before his court by Jonkunda Sowe, Musa Sankano, Touray Kumba and Bubacarr Sowe, who were appealing against the decision of the Tribunal Court, on grounds of violation of their constitutional right to fair hearing. The three brought the appeal for determination of the matter, which the tribunal ruled in favour of Alagie Kandeh (respondent).
In his ruling, justice Ezak said the appeal was lodged against the district tribunal’s judgment that was delivered on 26th June 2014, for declaration of title to a parcel of farmland situated between Hella Kunda and Sutuma Sere Village and it set for hearing and determination on 18th June 2014.
He said the appellants, through their counsel B S Touray, filed a notice of appeal containing nine grounds of appeal on 2nd August 2014, and also filed additional grounds of appeal containing one grounds of appeal with two separate affidavit in support on 25th April 2016, through the leave of the court, whereas respondent through his counsel, Malick Jallow filed two separate affidavits.
The judge said both counsels filed written briefs and adopted them, which, he said paved the way for judgment on the appeal. He further made reference to issues raised by the parties to the appeal such as whether the appellants’ right to fair hearing was afforded or not as per Section 24 of the 1997 Constitution.
The provincial High Court Judge also determined whether the district tribunal has right to limit number of witnesses for the parties to the suit or not and whether there was a proper trial with reference decided cases at both local and international level.
The judge then said from the foregoing interpretation of the law, he held that the appellants who where defendants before the district tribunal had a fair and proper trial and they were not denied fair trial by the cited lower court.
He said the appeal filed by the appellant failed and lack merit and as such, he accordingly dismissed the matter hence affirming the district tribunal’s decision.
by Sanna Jawara