May 26, 2021
By Our Bo Correspondent
Magistrate Court No. 1 in Bo city, was on Friday May 21, 2021 the scene of a very bizarre, untimely – filed and frivolous legal appeal, as arguments were proffered by defendant Mr. Ali Foh’s lawyer for a stay of his eviction from Kowama property and premises, legally adjudged to be the sole legal property of Ms. Bintu Soyabongay.
In a very rambling and disjointed presentation, marred by factual errors and omissions, the lawyer for Mr. Foh, having failed to timely appeal the Magistrate’s earlier judgement against his client, sought to relitigate the case, contrary to all evidentiary and civil procedure rules of the court.
Both lawyer Sheriff representing Ms. Bintu Soyabongay and the Court on several occasions, objected and admonished the defendant’s lawyer to address only the issue before the court- the defendant’s petition for a stay of the trial Magistrate’s eviction decision Order and not to relitigate the case in chief, which has already been adjudged in favor of Ms. Bintu Soyabongay.
As readers, following this over 2 year old Court case can recall, judgement in this land and property case was rendered in March, 2021 – which ordered the immediate eviction of the said Ali Foh from the land and property of Ms. Bintu Soyabongay.
Several Court watchers, following the hearing on Friday, lamented why despite a judgement against Mr. Ali Foh, the judicial system remains paralyzed to execute its own judgement, granting possession of the property and land adjudged in favor of Ms. Bintu Soyabongay.
As the court stands adjoined to June 8, 2021 for a final verdict on Ali Foh’s petition for stay of his eviction, Bintu and the Soyabongay family – the legal owners of the land – are hopeful that their long nightmare will be put to rest.
Finally, reports from reliable sources within the Foh camp, intimated this press that Mr Ali Foh, who filled a late appeal as a married man and was ordered evicted, is still bent on staying in Ms Bintu SoyaBongay’s house.
This press house will continue monitoring the legal ramifications of such defiance glaringly being exhibited by Mr. Foh and his collaborators at the Magistrate’s court in Bo.