Magistrate Rules in Favour of State on Jurisdiction
Senior Magistrate Abdoulie Mbackeh of the Kanifing Magistrates’ Court yesterday ruled in favour of the state in a case filed by one Lamin Ceesay, plaintiff, against the IGP and Attorney General for alleged wrong seizure of his Mitsubishi Pajero bearing registration number BJL 4650D, valued at D195, 000.00 and a Nissan Patrol vehicle bearing registration number BJL 8378D valued at D260, 000 by the police, acting for and on behalf of Messrs. David John Hoult and Ruth.
Pursuant to the litigation, the state counsel had earlier submitted that the court had no jurisdiction to hear the case.
In his ruling, Magistrate Mbackeh told the court that in view of the facts before the court, the court had come to the conclusion that difficult matters of law were likely to arise, which the court may not have jurisdiction to handle. In this regard, he went on, the court therefore decided to rule in favour of the defendants, to the effect that it has no jurisdiction to hear the case in question. He therefore struck out the case and advised the plaintiff to file the suit at the High Court.