Back and Next - Back and NextBreach of contract case struck out
Monday, July 7, 2008
A breach of sales contract between Metta Touray, a business woman, in Bakau and one Essa Mbye, was on Wednesday, struck out in court for the plaintiff to properly file and amend some charges preferred against the defendant, Mr Mbye.He was sued for owing the plaintiff, cement worth over D30,350.
The case was mentioned before Senior Magistrate Abdoulie Mbacke of the Kanifing Magistrate Court. Giving her testimony before the court, the plaintiff told the court that she is a business woman and she sells cement. According to her, the defendant took D30,350 worth of cement from her younger brother who sells in the shop, but refused to pay the money.
“When I visited the shop, I discovered that the cement was almost exhausted and when I checked the loan book, I found out that he (Essa Mbye) is owing me the said amount. I told him [the younger brother] to call the defendant to confirm, which he did and the defendant also admitted owing the amount. He promised to pay it by instalments, and he has only paid D5,000 for that month, since then I have given him more chance,” she told the court.
The plaintiff further told the court that, (Mr Mbye) went to her uncle, the Imam Ratib of Bakau, to appeal to her for further extension, as his business was not going normally and she agreed unwilling as she knew he would not pay it, which was the case even after three months had elapsed.
In his cross-examination, the defendant told the court that he never had a business transaction with Metta Touray and he never gave money to her for any cement business, all that he knew was that he was dealing with the plaintiff’s younger brother who is his business partner. According to him, he did not owe the plaintiff the said amount, he could only remember taking D80,350 worth of cement from the plaintiff’s younger brother and paid D50,000 out of that amount.
“I don’t even know why she brought me here, because no business transaction has transpired between us,” he told the court. At that juncture, the presiding magistrate told the plaintiff to amend the charges preferred against the defendant to include her younger brother as a co-defendant in the trial.
The case was mentioned before Senior Magistrate Abdoulie Mbacke of the Kanifing Magistrate Court. Giving her testimony before the court, the plaintiff told the court that she is a business woman and she sells cement. According to her, the defendant took D30,350 worth of cement from her younger brother who sells in the shop, but refused to pay the money.
“When I visited the shop, I discovered that the cement was almost exhausted and when I checked the loan book, I found out that he (Essa Mbye) is owing me the said amount. I told him [the younger brother] to call the defendant to confirm, which he did and the defendant also admitted owing the amount. He promised to pay it by instalments, and he has only paid D5,000 for that month, since then I have given him more chance,” she told the court.
The plaintiff further told the court that, (Mr Mbye) went to her uncle, the Imam Ratib of Bakau, to appeal to her for further extension, as his business was not going normally and she agreed unwilling as she knew he would not pay it, which was the case even after three months had elapsed.
In his cross-examination, the defendant told the court that he never had a business transaction with Metta Touray and he never gave money to her for any cement business, all that he knew was that he was dealing with the plaintiff’s younger brother who is his business partner. According to him, he did not owe the plaintiff the said amount, he could only remember taking D80,350 worth of cement from the plaintiff’s younger brother and paid D50,000 out of that amount.
“I don’t even know why she brought me here, because no business transaction has transpired between us,” he told the court. At that juncture, the presiding magistrate told the plaintiff to amend the charges preferred against the defendant to include her younger brother as a co-defendant in the trial.
Author: by Musa Ndow
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