…describes affidavit dictum ‘frivolous and scandalous’
September 14, 2016 By Patrick Jaiah Kamara
High Court Judge, Justice Komba Kamanda yesterday slammed an interlocutory injunction on the Minister of Social Welfare, Gender and Children’s Affairs, Dr. Sylvia Olayinka Blyden, Mrs. Isatu Gbekeh and Mrs. Sylvia Editha J. Blyden from entering a piece of land situated at Hamilton village, Western Rural district.
The defendants were before the court after Pa Momoh Fofanah, through his lawyer, Abdul Karim Kamara, claimed that the defendants unlawfully entered the said land and destroyed a makeshift structure valued Le7 million and allegedly carted away certain property to the tune of Le8 million. The litigant thus prayed that the court slam an interim injunction on the defendants until the said matter was determined.
“The injunction ought to be granted on the balance of convenience and in the interest of justice. I am satisfied that the plaintiff had successfully fulfilled the undertaking to guarantee the request for an injunction to be slammed on the defendants,” the judge ruled.
Justice Kamanda reiterated that the defendants must immediately stop entering the said land pending the hearing and determination of the matter.
He directed that the parties serve each other with all relevant documents, including witnesses relating to the matter within 14 days.
The judge said the allegations surrounding ownership of the land and the alleged destruction of the makeshift structure that was constructed on the land by the plaintiff should be taken to trial for determination.
He ordered their respective lawyers to file relevant documents within 21 days as there was a need for a speedy trial.
Justice Kamanda also stated that paragraphs 22, 24 and 26 of the affidavit filed by Dr. Sylvia Blyden, describing the conduct of the plaintiff as “a thug” was frivolous and scandalous and therefore ordered for it to be expunged.
He maintained that if the defendants’ predecessors had lived on the said land for the last one hundred years as claimed in their affidavit, youths who allegedly destroyed the plaintiff’s makeshift structure wouldn’t have replaced it with another structure on the supervision of the defendants.
The plaintiff’s counsel had argued that the defendants sometimes in January 2016 purportedly claimed a portion of the land as belonging to her late husband, Tamba Pujeh Gbekei.
Meanwhile, the matter would continue after notice would have been served on the parties to the action.