Posted by By Dawda Faye
Pa Abdou Nyang, along with another plaintiff, Musa Babanding Ceesay, dragged Fatou Nyang, a sister to Pa Abdou Nyang to the Kanifing Magistrates’ Court, praying for an order to show course why disciplinary measures should not be taken against her for insulting and harassing them. This was the second time Pa Abdou Nyang had sued her elder sister to court.
According to the plaintiffs’ claims, they are neighbours to the defendant living in the same compound. The defendant and her daughter had been insulting and harassing them, concerning the said compound which had been shared among them. Pa Abdou Nyang reported the matter to the Serrekunda London Corner Police Station from where they were referred to the court.
In his judgment, Magistrate Joof told the court that the matter was before the court on the 15th January, 2019, when the prayers and particulars of claim were read in English and same was translated and the defendant denied liability.
In a bid to prove the claim of insults and harassment, the plaintiffs testified and tendered two exhibits. The defendant gave sworn oral testimony. She did not call any witness neither did she tender any exhibit.
Magistrate Joof stated that the gist of the plaintiffs’ case was that the succession of the estate of their (Pa Abdou Nyang and Fatou Nyang’s) deceased mother was presided over by the Cadi Court. The said court allocated a portion of the compound to Pa Abdou Nyang wherein the daughter of Fatou Nyang had built a house, and Pa Abdou Nyang paid to the court the sum of D100,000 for the benefit of Fatou Nyang’s daughter as ordered by the court.
He said that despite payments, Fatou Nyang’s daughter unfixed and took the electric meter away without the consent of the occupant, Musa Babanding Ceesay. The plaintiffs averred that the removal of the meter rendered his house blackout and he lost a substantial amount of food stuff which he stored in his refrigerator which got rotten.
The presiding magistrate told the court that according to the testimonies, Fatou Nyang used to insult the plaintiffs to the extent of insulting Pa Abdou Nyang’s mother and accused him of being a druggist dealing in illegal drugs. They reported the matter on four occasions to the police without a remedy.
Fatou Nyang, according to her evidence, denied insulting and harassing the plaintiffs, and that Pa Abdou Nyang accused them of being prostitutes and drunkards, and in turn she accused him of being a druggist dealing in drugs.
Still reading his judgment, the magistrate said according to Fatou Nyang, her daughter built a house in their compound in her mother’s name (Fatou Nyang’s mother) and registered the cash power meter in her name. That Pa Abdou Nyang told her with her daughter that if they touched the cash power meter, they would go to Mile 2, and that he had reported them on several occasions to the police. The magistrate said Fatou Nyang stated that the apportionment of the Honourable Cadi Court was wrong.
Magistrate Joof went on to say that the matter pertained to the succession of a compound owned by the deceased mother of Pa Abdou Nyang and Fatou Nyang, noting that the matter was ably adjudicated by the Honourable Cadi Court which the magistrate court could not interfere with neither to undo the decision of the Cadi Court.
“The claim which this court is tasked to investigate is insults and harassment and to show course why disciplinary measures should not be taken,” he told the court.
He finally ordered the parties to refer any future complaint to the Cadi Court, and that Fatou Nyang was bound over to keep the peace for 6 months.