Jan 31, 2014, 10:16 AM
Lawyer Mai Fatty, a legal practitioner has been dragged to the Banjul High Court yesterday by one Ebrima Sanneh in connection with a piece of land situated in Brufut Tranquil.
The case was presided over by Justice Naceesay Salla-Wadda.
Plaintiff counsel, Edu Gomez, told the court that the defendant Mai Fatty was absent and he believed he is in Swaziland. He said the case had suffered series of adjournments, adding that the defendant Mai Fatty was not appearing while he was still in the jurisdiction. According to Lawyer Gomez the defendant being a legal practitioner himself, was quite knowledgeable about the law and procedures. He added that the defendant was duly served with the process of the suit and failed to appear on the suit pending against him.
Lawyer Gomez further quoted the constitution in support of this submission. He therefore respectively urged the court to enter judgement in favour of the plaintiff in accordance with the summons and particulars of claim. He revealed that he had filed a motion seeking prohibition by the defendant or his agents from the suit pending the determination of the suit before the court.
Testifying before the court, the plaintiff's wife Fatou Faal-Sanneh told the court that she is the wife of the plaintiff Ebrima Sanneh, and she now stands on behalf of her husband pursuant to a power of attorney. According to Mrs Sanneh she knew the transaction between the plaintiff her husband Ebrima Sanneh and the defendant Mai Fatty. She added that the parties agreed on the sale of piece of land and she had been to the land. She informed the court that the purchase price passed through her to the plaintiff counsel and then to the defendant Mai fatty. She said the defendant Mai Fatty had prepared an agreement to sell the land to the plaintiff Ebrima Sanneh. The agreement was later tendered in court as exhibit.
Mrs Sanneh also identified receipts signed and issued by the defendant Mai Fatty being payment made by the plaintiff Ebrima Sanneh in respect of the said land. She identified a receipt of an amount of D170, 000, a receipt of an amount of D70,000, a receipt of an amount of D30,000, a receipt of an amount of D25,000, a receipt of an amount of D20,000, a receipt of an amount of D40,000 and a receipt of an amount of D85,000. All these receipts were later tendered in court as exhibits respectively. She told the court that after the payment the plaintiff realised that the defendant Mai Fatty had sold the land to a third party. She revealed that her husband and Mai Fatty signed a conveyance. The conveyance certificate was also tendered in court as exhibit. She said Mai Fatty had also paid capital gain tax with respect of the land in question to complete the payment of the land.
Hearing continues today.