Nov 2, 2009, 1:32 PM
The appeal case filed by Lamin Sillah, former proprietor of Chosaan Night Club, against the judgment of the lower court in the case involving Oceanic Bank, Ebrima Sanyang and Sheriff of the High Court of The
When the case was called, Lawyer Christopher Mene, who represented the 2nd defendant, argued that he had not been served and said he should be properly served.
Lawyer Amina Saho-Ceesay, who held brief for the plaintiff’s counsel, informed the court that she was not instructed to proceed with the case, adding that she was not familiar with the facts of the case.
The trial judge at that point stated that there was no proof of service, and directed the process server of the court to serve the 2nd defendant.
He consequently adjourned the case till 10 January 2013, for mention.
The plaintiff’s claim against the defendants was among other things, an order setting aside the judgment of the court delivered in the undefended list civil suit HC,352,11,co,075,D2, Oceanic Bank, Gambia Limited (in liquidation) versus Chosaan Enterprise for lack of jurisdiction.
A declaration that the sale of the plaintiff’s property situated at the tourist development centre by the 3rd defendant to the 2nd defendant was a wrongful deprivation of the plaintiff’s property, unconstitutional, null and void.
An order setting aside the purported sale of the plaintiff’s property by the 3rd defendant, as well as damages for the wrongful closure of the plaintiff’s business premises since 27 July 2012.
A perpetual injunction to restrain the 1st defendant, 2nd defendant or the 3rd defendant whether by themselves, their agent, servant or otherwise whosoever from in anyway, interfering with the plaintiff’s property.
Legal and administrative costs of D230,000, as well as interest at the rate and cost were also claimed by the plaintiff.