Police in riot gears Wednesday (19 April) enforced an eviction order from the Sheriff Division of the High Court on a disputed land in Farato Nemasu.
The residents of Bafuloto, on the other hand, are still claiming that the place is Bafuloto Nemasu.
The matter was litigated at the high court and court of appeal. The high court decided the matter on 2 May 2012 by Justice Emmanuel A. Amadi of the Brikama High Court.
The Sheriff Division wrote to the occupants in Bafuloto Madina on 7 March 2023 titled “Notice to Vacate” in respect to the case of Alagie Manku Saidy (Alkalo of Bafuloto) versus Karamo Saidy and 6 Others. The Sheriff asked them to vacate on or before 21 March 2023 or risk facing forceful evictions.
The enforcement was done on 19 April 2023 by the Sheriff Division under police paramilitary escort.
The judgment creditors were not interested in taking the lands that were already built and people living in them, but instead, they only went after the empty lands or the ones that are under construction.
The exercise was not a full scale demolition exercise, but this is a warning for the empty land occupiers to vacate.
“We are not here to demolish or do whatever. So, it is only eviction. It is only for the empty compounds. It is just to remove the blocks out of those compounds,” Babou Loppi from the Sheriff Division said.
More than 30 properties were affected in the process. The judgement creditors hired some boys who were taking mould cement blocks and other building materials outside. The people found doing construction were ordered not to proceed with work.
There was a man who was claiming ownership of the land he was using as a garden, but he was told by the enforcement officers from the Sheriff Division that there was a court order that they were enforcing.
The man insisted and told the Sheriff Division that the judgment was not based on the truth, but he was referred to the Sheriff of the High Court to seek clarity on the matter.
This was when the man agreed and this was when he was asked to remove his car. He was cooperative and his materials were all taken out.
The process was somehow tense as paramilitary personnel and officers from the Sheriff Division were seen having conversation with residents that they were there to enforce a court judgment.
They also told the bystanders to go about their businesses and allow the law to take it cause.
Some of the people were heard insulting the judgement creditors and paramilitary officers. Some of the officers were seen calming the judgment creditors to ignore the people insulting while they execute the judgment.
There were some people who wanted to challenge the enforcement of the judgment but they were told to see with the Sheriff of the High Court for clarification.
Workers found doing construction were asked to stop work, which all of them complied and promised to inform the people who hired them.
All residents who came out to approach the enforcers were told to visit the Sheriff Division for queries or clarification.
Mbaye Jesseh, the chairperson of Bafuloto Village Development Committee (VDC) said the Sheriff Division is enforcing a “fake judgement” which is not right to implement.
He said they are going to court to obtain an injunction to stop the enforcement of the judgement.
“This part is the heart of Bafuloto,” he said.
Sarja S. Gibba, a former councillor of Farato who is one of the judgement creditors said they obtained judgement in 2012 from the high court in their favour and the late Alkalo of Bafuloto (Manku Saidy) appealed the decision and lost again.
He explained that they attempted to enforce it in 2017 but it turned violent as the residence burnt a caterpillar and his vehicle.
Gibba said they are not targeting the buildings in which people are residing, but empty lands that are yet to be occupied. He explained that some of the residents were not ready for negotiation.
Reporting by Adama Makasuba
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