Sirandu Cham,
plaintiff, sued one Ismaila Bah at the Kanifing Magistrates’ Court before
Magistrate Mbye, claiming D6,045 being the balance from the sale of a vehicle
costing D45,000.
In her testimony, she told the court on 5 August 2015 that she lives at Kerr Sering, and is a businesswoman.
She gave her vehicle to the defendant, Ismaila Bah, for him to buy.
The defendant told her that his wife was in England, and he would pay her if his wife returned from England.
The defendant started paying in installments, and sometimes would give her D10,000, D5,000 and D500, and recorded the amounts she received from the defendant.
The defendant paid until there was a balance of D6,045 which he refused to pay, and it has been three years since she gave the car to the defendant.
Mrs Cham further told the court that one day, she saw the car with another driver and asked him the person who gave him the car. That driver told her that it was the defendant who sold the car to him.
She then confronted the defendant, who told her he would pay her money.
Subsequently, anytime she demanded her money, the defendant would respond with unpleasant words.
Mrs Cham also told the court that she gave the defendant a laptop to repair, and the cost would be deducted from the money the defendant owed her.
However, the defendant failed to pay her money, following several demands.
At this juncture, she tendered a document on which she recorded payments made by the defendant.
The defendant objected to the tendering of the document. He told the court that it was the plaintiff who told him that the first document on which she recorded the payments he made got lost, and that her nephew had recorded from the first document payments he made, and transferred it to the document she applied to tender.
However, the magistrate admitted the said document, and said the court would determine its weight.
In his defence, Ismaila Bah told the court that he lives at Kerr Sering and works at Waw Restaurant.
The plaintiff, Sirandu Cham, told him that she had a vehicle (Peugeot 405) that was parked at her home. The plaintiff also told him that she was selling the car for D45,000.
He showed interest in the car, and the plaintiff then gave it to him, which he took to a mechanic to check the problem with the car.
The mechanic told him that there was an electrical problem in the car. This was fixed, but still the car could not be ignited, as whenever it was started, it went off.
Mr Bah added that he then towed the car to a mechanic, who told him that it was the engine of the car that had a problem.
He said his brother gave him D17,000 to buy another engine, which he fixed in the car, and it worked.
Mr Bah further told the court that he paid D3,500 for the documents of the vehicle, and another D2,500 for other expenses on the car.
The defendant testified that he told the plaintiff that he wanted to sell the car, so that she would refund him all the expenses he made on the car and the payment installments he made which amounted to D39,000, but she did not agree.
The plaintiff told him that she had someone who could offer a good price, and that the person was at Barra, Bah went on.
The man from Barra came over, saw the vehicle and offered D22,000, but the plaintiff did not agree to sell it for that price.
Mr Bah said he sold the car for D25,000 and told the plaintiff that, according to the record of payments he made, he does not owe the plaintiff anything.
He also told the plaintiff to go anywhere she likes, where a decision between them would be made.
Under cross-examination, the plaintiff put it to the defendant that he did not inform her that he was about to sell the car.
The case was adjourned till 12 August 2015.
