Gambiaj.com – (BANJUL, The Gambia) – The High Court in Banjul has declared the eviction of Amadou Wurry Barry and his family from their home in Kombo South unlawful, ruling that the action lacked legal authority and violated due process.
Justice Sarah Aryee, who presided over the matter, stated that the eviction—ordered by the Kombo South Chief and executed by the Sheriff—was not based on a lawful tribunal decision and occurred while the dispute over the land was still under adjudication.
Barry told the court that his family had occupied the property since 2014. He was summoned to the Kombo South District Tribunal in January 2022 after one Yankuba Jammeh laid claim to the land.
Although the tribunal had not reached a verdict, the Chief issued an eviction order in March 2024, resulting in the removal of Barry, his family, and tenants, and the closure of two shops on the premises.
Barry testified that he had not been informed of the eviction and was denied the opportunity to present his remaining witnesses.
He also refuted claims that he was developing the land, explaining that any ongoing construction was by a neighbor who was not a party to the dispute.
Yankuba Jammeh, the second respondent, acknowledged that the case was still before the tribunal. He argued, however, that Barry had disregarded an injunction prohibiting all parties from interfering with the land.
In her judgment, Justice Aryee ruled that the Chief had overstepped his authority, emphasizing that decisions of a District Tribunal must be made collectively by a panel, not unilaterally.
She found the Chief’s February 6 letter ordering the eviction invalid, stating it did not constitute a proper court order and could not override a matter still pending before the tribunal.
“The Chief cannot, by himself, write a letter for the eviction of a party in a suit when the matter is still pending,” she said.
The judge quashed the eviction order and directed the sheriff to reopen the premises, stressing that evicting a party from disputed property before a final ruling contradicts the principles of justice.
