Apr 4, 2016, 11:15 AM
The case involving Gambega, which sued one Amadou Wurry Jallow at the Kanifing Magistrates’ Court for allegedly owing the company some money, on 11 April 2013 resumed before Magistrate Jobarteh.
Earlier, the company’s first witness told the court how the defendant, Amadou Wurry Jallow, owed the company.
Being led by Lawyer Moses Richards, the defendant’s counsel, the defendant denied owing Gambega anything.
In his testimony, Amadou Wurry Jallow told the court he was a wholesaler and deals in Gambega and Julbrew products.
He adduced that when he needed a supply, he would personally go to Gambega or occasionally make a phone call giving a breakdown of order to sales department, and an invoice would be raised.
Then the drinks would be supplied to him by the company, he said.
Mr Jallow further stated that upon arrival at his place, the invoice and delivery notes would be sent to him which would be confirmed and signed by him, adding that the delivery would be off-loaded and the empty bottles would be handed over to the Gambega workers.
He added that prior to 6 November 2010, there was no credit note issued by the plaintiff for the return of the empty crates.
Mr Jallow indicated that from 6 November 2010, every crate received from his business place by the plaintiff, would be returned after raising a credit note.
A cheque would be raised for settlement of invoice, he said, adding that a payment would be raised as delivery was made.
“I owe Gambega nothing,” Mr Jallow said.
He further posited that he had a monthly payment arrangement with the plaintiff, saying he was called by the plaintiff stating that his account was outstanding.
Jallow narrated that on the first occasion, he went to the plaintiff for reconciliation but they did not have his file ready in 2011.
He said reconciliation was eventually done, adding that there was the country General Manager Felix Gomez, Corporate Service Manager Ebenisa, and the Country Sales and Marketing Manager, who were present when the reconciliation was being done, which took them three days.
He said that on the third day, he was there until 9p.m, adding that there were some printouts but the account did not tally with the amount the plaintiff was claiming.
Mr Jallow told the court the plaintiff said he was in debit to the tune of over one million dalasi.
He adduced that they had two invoices which he could not understand but came to an agreement that the figure they all agreed on was D235,290, which he paid, after sending a text to Felix for a mode of payment accepted by the plaintiff.
Lawyer Sagarr Jahateh represented the plaintiff.
The case was adjourned till 2 May 2013.