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Feb 23, 2010

Landowner, Samuel Bruce, fights GOB for his acres

Said Musa

Said Musa

We have been following the legal battle between a civilian and the government over a property in Benque Viejo del Carmen. The trial inched one step closer to completion today when the trial judge, Chief Justice Abdulai Conteh, headed west to visit the location in question.  Last month Benque Viejo businessman, Samuel Bruce, got an injunction in the Supreme Court to stop the government from taking over four point four acres of his nine acre property.  Bruce says he purchased the land many years ago and that he wants to use it to construct a multi-purpose sport and entertainment facility.  But GOB wants to give the land to the Mount Carmel Primary School and has since moved in to take over the portion of land.  Today in court, Bruce’s attorney, Senior Counsel Said Musa argued that the government’s acquisition of Bruce’s land was unlawful based on three submissions.

Said Musa, Attorney for Samuel Bruce

“The Minister acted capriciously in just deciding well we want his land and taking it away even though the area representative had previously met with him and had supported the project for the water and entertainment park, only to find out of the blue that they’re now taking away the land several months later after indicating they supported his project, which would have benefited the community in Benque Viejo considerably.  The second thing is this: the land is being acquired for the Mount Carmel Infant School when in fact the school had already been given a portion of land on which to build this school, in addition to what they have already, some eight lots which is over an acre of land for an infant school since 2002 and they’ve done nothing with it.  Now here we are in 2010, now they want his land to build the school.  The whole thing was done in a very suspicious way, it makes you ask the question why is it they went after him. The third point has to do with the whole issue that the law doesn’t authorize the government to take your land like that.  The action has to be done in good faith, it has to be reasonable and before just moving in on your land they have to sit down with you and negotiate for reasonable terms and conditions to purchase your land.  That is what you do in a civilized society, which is what the law calls for, not this high-handed arbitrary way that this government went about taking his land.”

Marion Ali

“So Mr. Bruce has never been recompensed?”

Said Musa

“No, not a penny.  They haven’t even discussed for terms and conditions of compensation, which is of course germane to the whole question of land acquisition.  Compensation is the immediate thing you sit down and discuss.”


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