The Resident Magistrate of Bombali District, His Worship Magistrate Mustapha Briama-Jah has ruled against Sheikh Mustapha Fofanah in case involving a land dispute between himself and Sheikh Mustapha Thullah which is situated at Makambo village in the Bombali Judicial District.
According to the Court records, Sheikh Mustapha Thullah a member of the Quranic Teachers bought some plots of Land from the Turay family at Makabo village and made part payment for it.
They met a certain Arab national to help them complete the payment for the said land. The Arab national asked them to change the land document from Quranic Teachers to a charity organization in a bid to source founding, which they did.
The Arab then made the payment and as well built mosque and schools on the land to be used by the community people.
The Quranic Teachers pleaded with the Appellant Sheikh Mustapha Fofanah to be serving as a teacher and care-taker on the said land.
Years after the death of the Chairman, Sheikh Mustapha Fofanah claimed ownership of the land which resulted in the Quranic Teacher suing him at the Local Court number 2 at Makama.
After the evidence of the Arab in Court, who testified that the land is the genuine property of Sheikh Mustapha Thullah and the Quranic Teachers and not Sheikh Mustapha Fofanah.
The judgment against sheikh Mustapha Fofanah was delivered on 27th August 2021 which followed an appeal by the Appellant, Sheikh Mustapha Fofanah filed at the Makeni Magistrate Court on the 8th September 2021.
Upon review of the argument by the Appellant and the Defendants, Magistrate Mustapha Braima Jah gave the following orders:
1. The Notice of the appeal dated 8th September 2021 is hereby dismissed.
2. That the Court upholds the judgment of the Local Court
3. The Respondent herein the Quranic Teachers is the bonafide owner of the said land.
4. The Court awards the cost of Nle 10.000 (Ten Thousand Leone) to be paid by the Appellant to the Respondent effective immediately.
The Defendant was represented by Lawyer O.B Kamara from Legal Aid Board and the Appellant represented by Lawyer M. B. Kamara.
© Edna Amie Ngegba
