Justice Coker has dismissed the National Road Authority’s attempt to scrap a negligence lawsuit against them leading to the tragic drowning of a three-year-old girl, the ruling search for truth, outweighing procedural errors.
Justice Coker dismisses NRA Bid to strike out million dalasi drowning suit against them and ordered the case to proceed to trial after rejecting the NRA’s move for the court to dismiss the case on procedural grounds.
Justice Adenike J. Coker delivered a ruling in the suit brought by Ebrima Manneh, a father seeking compensation for the tragic drowning of his three-year-old daughter, Adama Manneh allegedly caused by the National Road Authority (NRA).
The lawsuit centre from a fatal incident on May 31, 2025, in Basse Giroba Kunda. The plaintiff, Ebrima Manneh, alleges that the NRA dug a ditch just two meters from his unfenced home in 2023 to divert rainwater.
Despite repeated warnings from the family and community leaders regarding the danger, the trench remained open and frequently overflooded the family’s compound and a tragedy occurred when three-year-old Adama Manneh fell into the water-filled ditch and drowned.
The plaintiff is now seeking D25,000,000 in compensation for the death and D15,000,000 in general damages for the emotional toll on the family.
The NRA, represented by a legal team led by Counsel H. Sisay-Sabally, had filed a Notice of Preliminary Objection on February 20, 2026, challenging the validity of the lawsuit.
The defence argued that the case should be struck out because the plaintiff had failed to follow specific “Pre-Action Notice” requirements under the NRA Act and High Court ADR Rules.
In response, the plaintiff’s counsel, E. Darboe, argued that a letter sent on September 17, 2025—months before the suit was filed served as sufficient notice to the authority.
In her ruling, Justice Coker sided with the grieving father, emphasising that the interests of justice are better served by hearing a matter on its merits rather than blocking a claimant due to “procedural error”.
Justice Coker found that the letter dated September 17, 2025, effectively notified the NRA of the proposed claim and the NRA had three months between that letter and the filing of the suit to respond or seek an amicable settlement.
Justice Coker further stated that the plaintiff had substantially complied with the law, and the court chose to look at the “substance” of the notice rather than its “form”.
Justice Coker dismissed the NRA’s objection without awarding costs, clearing the path for the court to examine the harrowing allegations of negligence. The judge also noted that once the formal exchange of documents (pleadings) is complete, there will remain an opportunity for Court-Ordered Mediation.
The case centres on claims that the NRA dug a dangerous ditch just two meters from the Manneh family home in Basse, which led to the child’s death in May 2025. The family is seeking D40,000,000 in total damages and an order for the NRA to finally cover the site.
