Gambia: Lands Ministry Seeks to Overturn Court Injunction in S&j Property Land Case
The Ministry of Regional Government and Lands and the Attorney General are seeking to set aside a court injunction granted in favour of S&J Property over a disputed parcel of land located in Old Yundum, Kombo North District, West Coast Region. The land in question measures 335 meters by 185 meters by 304 meters by 65 meters.
The matter is before Justice S.B. Tabally of the High Court in Brikama. On Tuesday, 29th July 2025, the case was called for the adoption of briefs. State Counsel C.C. Njie appeared for the State while the plaintiff’s legal team, led by veteran lawyer Antouman A.B. Gaye and Co., were absent.
Counsel Njie informed the court that the plaintiff’s lawyers had also failed to appear during the previous adjourned date. He explained that both parties had earlier agreed to file their written arguments (briefs) concerning the injunction motion currently before the court. Njie told the court that the State had responded to the plaintiff’s brief and filed a motion to regularise their documents. He further stated that during the last sitting, they made an application for the court to set aside the injunction but were unable to proceed because the plaintiff’s counsel was not present. He expressed concern that the plaintiff’s legal team was again absent during the latest session.
In response, Justice Tabally told the court that the High Court would soon commence its annual vacation. However, he noted that both sides could proceed to file their briefs and he would review them during the vacation period. He said that when the court resumes, he would deliver his ruling regarding the adoption of the briefs.
Sign up for free AllAfrica Newsletters
Get the latest in African news delivered straight to your inbox
There are two court injunctions currently before Justice Tabally in relation to this case. The first was filed on 16th March 2023 and was granted by the court as an ex parte motion–meaning it was heard and decided in the absence of the opposing party. Following this, the court made interim orders in favour of S&J Property. The second injunction, which is a motion on notice, was filed on 9th April 2025.
In connection with the April 2025 injunction, lawyer Antouman A.B. Gaye wrote to the Director of the Department of Physical Planning warning that there was a subsisting court order regarding the disputed land. He cautioned that any action taken on the land, particularly any attempts to demolish structures, would constitute a direct violation of the court order and would amount to contempt of court. According to the plaintiff, the Department had planned to carry out demolition activities on the site, which they say was protected by the court’s interim order.
The central issue now before the court is the motion on notice, on which Justice Tabally is expected to rule. The outcome of this ruling will determine whether the injunction stands or is lifted, which could significantly affect both parties–especially in relation to control and development of the land.
The matter has been adjourned to Tuesday, 7th October 2025, for the court to deliver its ruling after the adoption of the briefs.
Facebook Notice for EU! You need to login to view and post FB Comments!
