Jul 30, 2013, 10:07 AM
Manjanko Samusa, the APRC Youth Mobiliser, was on 3rd June 2009, sued at the Kanifing Magistrates' Court by one Alex Gyuran claiming D15, 000, being the cost of services rendered to the defendant, Majanko Samusa.
The defendant Majanko Samusa was not present in court.
Consequent upon this, the counsel for the plaintiff, Borry Touray, applied for the court to allow his client to give evidence as, according to him, the defendant failed to put in appearance even though he was served with a summon to appear in court.
Magistrate Basiru Mahoney, who was presiding over the case granted the application and asked the plaintiff to give evidence.
Alex Gyuran, the plaintiff testified that he operates a saw-mill at Kanifing and the defendant Majanko Samusa had sought the services of the plaintiff for the splitting, sizing and cutting of "keno" wood. He adduced that sometime in August 2008, the defendant brought one-and-a-half trips of "keno" amounting to 45 pieces, of which the service was done on the agreement that payment would be done one week after the completion of work.
He further testified that when he delivered the wood to the defendant, the latter failed or refused to pay. He told the court that he formally demanded for payment through his lawyer who wrote to the defendant but he has reneged and refused to pay.
He finally claimed that he has suffered loss and damages, and consequently asked for interest at the rate of 28% from August 2008, to the date of judgement.
Lawyer Borry Touray tendered the letter that was written to the defendant for payment and the court as an exhibit accepted it.
However, the presiding Magistrate Mahoney adjourned the case to 17 June 2009, to allow the defendant to defend himself.