Mar 6, 2013, 10:15 AM
One David A. Ojomo Lade, a defendant, recently testified in a claim case brought against him at the Kanifing Magistrates’ Court.
He told the court that sometime last year, the plaintiff, Fedelis John, paid a visit to him where he disclosed his problems to him that he was in need of money.
He said the plaintiff decided to give him D10,000, which he promised to pay by installment, noting that they were friends since in
The defendant further testified that he once called the plaintiff and told him that he was in need of money and that he would like to sell his vehicle.
He added that the plaintiff told him he was interested in buying the said vehicle, adding that he told the plaintiff the car cost D70,000, but he would sell it to him for D45,000.
The defendant said he then asked the plaintiff to deduct his D10,000 from the total amount, remaining D35,000.
He noted that they did not make any written agreement at that juncture but the plaintiff took the car away without payment.
He added that he later called the plaintiff for a written agreement, hence he had breached the agreement not knowing that he had sold the car to another man at D35,000, but received only D30,000 on 27 September 2010.
“On 29 September 2010, he came to him and they went to the police station to make an agreement concerning the said vehicle, not knowing that he had gained possession of the money two weeks before,” the defendant added.
He further testified that two months later the man, whom he sold the vehicle to, took him to the police because he was not given a transfer of ownership.
He said he was so mad at him that he sold the vehicle and repainted it without his consent, adding that the plaintiff tendered an apology, which he never accepted.
He said that when the buyer was asked, he told the police that he did buy the car, which was the reason he painted it.
He added that the plaintiff asked him to paint the car to its normal colour and he would pay the cost, narrating that when the plaintiff asked him about the cost of the painting, he told him that it was D10,000, but the plaintiff told him he could only pay D5,000, which they agreed on.
The case was then adjourned till 5 January 2012, for Judgment.