Justice Sheriff Tabally of the High Court in Brikama has on Wednesday, 7th February 2024, delivered a judgement in favour of Alagie Jabbi, a Gambian based in Canada against Gana Jeng and Muhammed Lamin Jaiteh, real estate dealers.
The Plaintiff Alagie Jabbi was represented by Lawyer Malick H.B Jallow while Gana Jeng, the First Defendant was represented by Lawyer Badou Conteh through Counsel S. Akimbo and Muhammed Lamin Jaiteh, Second Defendant was represented by Counsel Saikou Fatty.
The plaintiff Alagie Jabbi claimed on 23rd December 2022 that the defendants Gana Jeng of Brusubi and Muhammed Lamin Jaiteh of Coastal Road (Green House) in the West Coast Region had dubbed him on two occasions in a land he bought from them and refused to pay him back his money.
Alagi Jabbi filed a lawsuit at the High Court through his lawyer Malick H.B Jallow on 23rd December 2022, claiming the following against the defendants:
1)Recovery of the sum of D485,000 being monies paid to the 1st defendant through the 2nd defendant by the plaintiff for the pruchase of a plot of land, which the 1st defendant has failed or refused to do despite repeated demand.
2)Damages of GMD D1,152,000 .00
3)Legal and Administrative fees of D200,000.00
4)Cost
5)Further or other relief as the court shall deem fit to make.
However, the Counsel for the 2nd defendant Muhammed Lamin Jaiteh Saikou Fatty filed a statement of defence but it was struck out for incompetence as it was filed out of time. The Counsel for the 1st defendant Gana Jeng, S. Akimbo also sought an extension of time to file a statement of defence which was granted. However, the said statement of defence was never filed ultimately.
Thereafter, Counsel for Alagie Jabbi, Lawyer Malick H.B Jallow filed a motion on notice and applied for the court to enter judgment in favor of Alagi Jabbi, relying on the evidence accompanying the writ of summons and statement of claims as well as all other relevant documents filed by the plaintiff before the court. The said application was granted by the judge and judgment was awarded in favour of the plaintiff as per the following :
1)The sum of D485,000 being monies paid to the 1st defendant through the 2nd defendant by the plaintiff for the pruchase of a plot of land, which the 1st defendant has failed or refused to do despite repeated demand.
2)Damages of GMD D1,152,000 .00
3)Legal and Administrative fees of D200,000.00
4) Additional D50,000 as cost.
