By Nelson Manneh
The present occupants of Kerr Mot Ali in the Central River Region have instituted civil action against Serign Ndigal and his followers.
Justice Ebrima Jaiteh of the Banjul High Court on Wednesday, 28th October 2020 ordered the counsel for Kerr Mot Hali and the counsel for the followers of Sering Ndigal to file their briefs of argument within twenty-eight days.
The residents of Kerr Mot Hali village have instituted civil action against the followers of Sering Ndigal, who are currently in exile in Senegal.
The plaintiff, Ousman Secka and his people want the High Court to make an order for the residents of Kerr Mot Hali, who are in exile to return to the Gambia and set up their own village where they can freely practise their religion without any fear of confrontation or violence with them.
Ousman Secka and his followers are seeking for an order retraining the followers of Ndigal from coming into and around the village of Kerr Mot Hali and their farmlands. They want the court to make that order in order to protect and enforce their fundamental human rights to freely practice their religion without hindrance and avoid troubles from the respondents.
Ousman Secka and his people want the high court to protect and enforce their fundamental human rights pursuant to section 17 (2), 25 (1) of the 1997 Constitution.
When the case was called before Justice Ebrima Jaiteh on Wednesday, 28th October 2020, Lawyer Lamin Mboge for the applicants was absent while the respondent (the followers of Sering Ndigal) was represented by Lawyer Sheriff Kumba Jobe.
Lawyer SK Jobe in his preliminary objection, told the court that the matter has been caught by the principle of ‘res judicata’ because it was decided by the high court in October 2017.
Lawyer Jobe said in the civil suit HC/081/17/MF/029/F, the lead applicant and his followers were represented by the village alkalo, Sheikh Secka together with Attorney General, Inspector General of Police and Governor of Central River Region and the judgement was delivered in favour of the respondents, Ndigal people.
Justice Ebrima Jaiteh said Counsel Jobe who represented the respondent should file his brief of argument first within fourteen days and Counsel Lamin Mboge for the applicants will be given fourteen days to respond to the issues.
“The court will give Lawyer Jobe another seven days to respond to Counsel Mboge on points of law, and then we will come to adopt the briefs,” said Justices.
The matter was then adjourned to the 7th December 2020 for the adoptions of briefs.
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