Aug 17, 2016, 11:45 AM
Senior Magistrate Abdoulie Mbacke of the Kanifing Magistrates' Court had ordered the defendant to pay to the plaintiff the sum of D4500, being the amount outstanding before 21st April 2010.
He further ordered the defendant to give back the plaintiff's printing machine before 8th May 2010, failing which the plaintiff can enforce his judgement.
The plaintiff, Emmanuel Kolley was claiming from the defendant, Modou Kolley, an amount of D6500, being money owed to the plaintiff in respect of an agreement for printing papers.
The plaintiff further claimed D4000 for cost of drums and an amount of D5000, being his share in the business.
Magistrate Mbacke, in delivering the judgement stated that the plaintiff in his evidence-in-chief told the court that in December 2008, he supplied the defendant with printing papers to the tune of D3, 500.
He stated that the plaintiff also told the court that he had given the defendant his printing machine for the business and to share the profits equally.
According to the Magistrate, the plaintiff further informed the court that in January 2008, he again supplied the defendant with printing papers to the tune of D6500.
Magistrate Mbacke further stated that the plaintiff informed the court that he later reported the matter to the Kairaba Police Station, and was able to collect D 3500 from the defendant.
The Magistrate went on to state that the defendant, for his part, told the court that he only owed the plaintiff D4500, being the outstanding balance on the printing papers the plaintiff supplied to him to the tune of D6500.
He said the defendant further stated that he had given the plaintiff's share with regards to profits acquired from the business.
He stated that the plaintiff could not establish his claim, adding that none of the parties had called in witnesses to testify on their behalf.