Brusubi Court: Woman Testifies in D1.5M Land Fraud Case

In The Gambia, Naffie Nyassi recently testified before Principal Magistrate Mam Samba Jallow at the Brusubi Magistrates' Court in a case where Lamin Touray is charged with obtaining D1,510,000 by false pretences, an alleged land fraud that has caused significant marital and family distress for Nyassi.

Naffie Nyassi appeared as a prosecution witness against Lamin Touray, who faces a charge under section 265 of the Criminal Offences Act 2025. According to Nyassi's testimony, Touray allegedly obtained the substantial sum of D1,510,000 from her in 2024 in Salagi, West Coast Region, by falsely representing that he was selling her three plots of land, each measuring 20 by 25 metres. Nyassi detailed the payments made for each plot, totalling D1,460,000, leaving a balance of D40,000. She later discovered that these plots had allegedly been sold to other individuals, some of whom had already commenced construction. The witness further elaborated on the profound personal impact of this alleged fraud, stating that the money originated from her husband and children residing in Europe, leading to severe marital issues, sleepless nights, and significant family tension.

This case holds considerable legal significance for practitioners, businesses, and the public in The Gambia, highlighting the pervasive issue of land fraud and its devastating consequences. For legal professionals, it underscores the critical importance of due diligence in property transactions and the robust application of criminal law to combat fraudulent schemes. For businesses and individuals involved in real estate, it serves as a stark warning about the risks associated with informal or inadequately documented land deals. The emotional and familial distress experienced by the victim also brings to light the broader societal costs of such crimes, extending beyond mere financial loss to impact personal relationships and mental well-being.

The legal context for this matter is primarily governed by The Gambia's Criminal Offences Act 2025, specifically Section 265, which criminalizes obtaining money by false pretences. This statute requires the prosecution to prove that the accused made a false representation, knew it to be false, intended to defraud, and thereby obtained money or property. The case is being heard in the Brusubi Magistrates' Court, which possesses jurisdiction over such criminal matters. While the focus is on the criminal charge, the underlying land dispute implicitly involves aspects of property law, including the Lands Act, which governs land ownership, transfer, and registration in The Gambia. The key parties involved are Principal Magistrate Mam Samba Jallow presiding over the Brusubi Magistrates' Court, Lamin Touray as the accused, and Naffie Nyassi as the prosecution witness and victim.

Practitioners advising clients on land transactions in The Gambia must emphasize the absolute necessity of conducting thorough due diligence, including verifying land titles, conducting physical site inspections, and ensuring all transactions are formally documented and registered with the appropriate authorities to mitigate the risk of fraud. For criminal defence attorneys, this case illustrates the elements the prosecution must prove for obtaining money by false pretences and the potential for compelling victim impact testimony. Prosecutors, on the other hand, must meticulously gather evidence to establish each element of the offence beyond a reasonable doubt. The outcome of this specific matter is not yet reported, but its progression will be closely watched for its implications on land fraud enforcement and victim protection.