A High Court judge has dismissed a preliminary objection by the National Road Authority, allowing a multimillion-dalasi lawsuit over the drowning of a three-year-old girl to move forward to trial.
Justice Adenike J. Coker ruled that the negligence suit filed by Ebrima Manneh, who is seeking compensation for the death of his daughter, Adama Manneh, should be heard on its merits rather than dismissed on procedural grounds.
The case stems from a fatal incident on May 31, 2025, in the town of Basse Giroba Kunda. Mr. Manneh alleges that the National Road Authority excavated a drainage ditch roughly two meters from his unfenced home in 2023 as part of a project to divert rainwater. According to the claim, the trench was left uncovered and repeatedly flooded the family’s compound despite warnings from the family and local community leaders about the danger it posed.
Mr. Manneh says his daughter, Adama, fell into the water-filled ditch and drowned.
In the suit, he is seeking 25 million dalasis in compensation for the child’s death and 15 million dalasis in general damages for the emotional suffering endured by the family. He is also asking the court to order the authority to cover the drainage site.
Lawyers for the National Road Authority, led by Counsel H. Sisay-Sabally, asked the court to strike out the case, arguing that the plaintiff had failed to comply with statutory requirements to issue a formal pre-action notice before filing the lawsuit. The objection, filed on Feb. 20, 2026, cited provisions in the NRA Act and High Court alternative dispute resolution rules.
But counsel for the plaintiff, E. Darboe, argued that a letter sent to the authority on Sept. 17, 2025—several months before the suit was filed—constituted sufficient notice of the intended claim.
In her ruling, Justice Coker agreed, finding that the letter adequately informed the road authority of the impending legal action and gave it time to respond or seek an amicable settlement.
“The interests of justice are better served by hearing a matter on its merits,” the judge said, adding that the court would focus on the substance of the notice rather than its form.
She concluded that the plaintiff had substantially complied with the legal requirement and dismissed the authority’s preliminary objection without awarding costs.
The ruling clears the way for the case to proceed, where the court will examine the allegations that the open drainage ditch near the Manneh family’s home created a dangerous condition that led to the child’s death. Justice Coker also noted that once the exchange of pleadings is complete, the matter may still be referred to court-ordered mediation.
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