One Alhagie Jaiteh, first defendant, and Momodou Jaiteh, second defendant, who is also the father of the first defendant, were recently sued at the Kanifing Magistrate's Court by one Gautam Gambhir, claiming the sum of D110, 000, being an amount of money given to the first defendant by the Plaintiff upon the guarantee of the second defendant for the purchase of scrap metal, pursuant to an agreement between the parties.
The sum of D25, 000 has been claimed by the plaintiff as damages for breach of contract and also interest at the rate of 25% from September 2007 to the date of judgement and cost.
According to the plaintiff's claim, at the request of the second defendant and upon his guarantee, the plaintiff provided the sum of D110, 000 to the first defendant for the purpose of purchasing scrap metal. The first defendant was supposed to sell to the plaintiff at a different price to enable him (1stdefendant) make a profit.
The plaintiff claimed further that the first defendant failed to produce the expected scrap metal to be sold to the plaintiff and also failed to refund the plaintiff his money. The claim stated that the second defendant who undertook to fully reimburse the plaintiff in the event of failure on the part of the first defendant also failed to honour his obligation to the plaintiff.
When the case was mentioned before Senior Magistrate Abdoulie Mbackeh, the first defendant accepted liability and judgement was entered in favour of the plaintiff in the sum of D110, 000 plus cost of D500.
The second defendant denied liability and the case was adjourned until 21st October 2008, when full hearing on the second defendant's case is scheduled to commence.
Lawyer Gomez represented the plaintiff.
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