In £12,000 legal tussle Defendant asks for stay of execution

Kabba Jawara, defendant in a civil suit filed against him by one Tijan Touray, has asked for a stay execution on a judgment recently delivered against him by Justice AM Dordzie of the High Court in Banjul.

Justice AM Dordzie said she will grant the defendant the application provided that he deposited £12,000 as a guarantee  before 11 January, 2008.

Justice Dordzie, in her judgement earlier on, said the the plaintiff is entitled to the sum, which is the expected profit he would have made on the 350 computers that were sold by the defendant on his behalf. Justice Dordzie ordered the defendant to pay 35% interest on the sum involved from August 2002 up to the time formal demand was made for payment.

Justice Dordzie further noted that the defendant’s conduct has caused the plaintiff to breach a contract with a UK-based company called Crush, leading to the plaintiff’s loss of the chance of doing business with Crush. The high court judge added that the plaintiff is not entitled to the D800,000 general damages he had claimed.

It could be recalled that the plaintiff entered into a contract with the defendant for the sale of 350 computers at D6,000 each, out of which the defendant was entitled to D2000 from each computer.