Apr 25, 2014, 10:39 AM
Lamin Njie, a defendant, on 9 March 2011 testified against his uncle, Nfamara Trawally, the plaintiff, who dragged his nephew to the Kanifing Magistrates' Court before Magistrate Tabally.
The plaintiff is making claim for the recovery from the defendant D143,000, being an amount owing to the plaintiff.
Testifying before the court, the defendant, Lamin Njie, told the court that he knows the plaintiff, whom he said is his uncle.
He revealed that his uncle, some time ago, approached and told him that he needed D100,000 to help his son to travel to the US.
The uncle, he added, further told him that he knew a friend working at the bank, whom he would talk to in order to secure the said amount of money.
Testifying further, the defendant revealed that the plaintiff later called him saying it would be possible for him to secure the amount from the bank.
"My uncle gave him his title deed to be deposited in the bank to get the said D100,000 for him," the defendant told the court.
The plaintiff, the witness added, later called him saying the process was taking time, adding that he (the defendant) returned an amount of D75,000 to him and later gave him D25,000.
"My uncle promised to pay back my money after three months," he indicated.
He narrated that he left the title deed with the said bank and travelled for almost three years.
Whilst away, he added, his uncle got a phone call to answer to the bank, stating that the plaintiff went to his mother's house where his documents were handed over to him.
"The plaintiff took a sketch of my land located at Sukuta that I have already sold," the nephew explained.
He added that the uncle was not aware that he had already sold the property and the uncle re-sketched the plan and sold the land again without his permission.
"When I came back, I went to the alkalo of Bakau to resolve the matter between them," the nephew revealed, adding that he could not get back his D100,000 from the uncle.
According to him, whilst at Bijilo, he was served with a sermon in which his uncle claimed D100,000.
Under cross-examination, the plaintiff quizzed his nephew on why he did not give him a receipt after receiving the monies he claimed to be given to him.
In reply, the defendant said that he did not do that because he was trying to help him.
The plaintiff put it to the nephew that his title deed was with the bank. When further asked by the uncle where he travelled to between 2007 and 2010, the nephew said he travelled to
He finally put it to him that he was not telling the truth to the court.
The case was at that juncture adjourned until 24 March 2011.