The sum of D800,000 paid by the plaintiff to Jitenda Kumar for a consideration that has totally failed; the sum of D80,000 as damages for breach of contract, loss of earnings and legal and administrative cost of D70,000 and interest at the rate of 4% from date of judgement to date of final liquidation. This followed the acceptance of liability by Jitendra Kumar.
Mamadou Saliou Jallow recently dragged Varun Enterprise and Jitendra Kumar to the Kanifing Magistrates’ Court claiming the sum of D800,000 against them.
According to the plaintiff, Mamadou Saliou Jallow, sometime in September, 2022, the second defendant, Jitendra Kumar, approached him at his shop at Serekunda Market and informed him that he had a container of cooking oil at the Banjul Port.
Mr. Jitendra Kumar offered to sell to Mamadou Saliou Jallow D800,000 worth of cooking oil. Mr. Jallow accepted the offer and on or about the 16th September, 2022, Mr. Jallow paid D800,000 to Mr. Kumar for a large quantity of cooking oil in 20-litre gallons at the rate of D1,900 per 20-litre gallon.
Mr. Kumar issued Mr. Jallow with invoice number 000484 under the name of Varun Enterprise, thereby making Varun Enterprise a party to the transaction, and Mr. Jallow pleads the said invoice.
Mr. Jallow went further to claim that six months thereafter, Mr. Kumar is yet to deliver the goods to Mr. Jallow. Mr. Jallow then lodged a complaint against Mr. Kumar at the Yundum Anti-Crime Police Station and Mr. Kumar was arrested and detained at the station.
Mr. Kumar was subsequently released through the intervention of one Musa Jawneh upon the promise that he would refund the sum of D800,000 to Mr. Jallow immediately. In spite of several demands by Mr. Jallow for the refund of his money, Mr. Kumar has failed, refused or neglected to refund Mr. Jallow’s money and from every indication, Mr. Kumar is not willing to do so.
Mr. Jallow asserted in his claim that Mr. Kumar has also shown complete apathy and indifference and does not care whether or not Mr. Jallow loses the said sum of D800,000. Mr. Jallow claimed that he is engaged in small-scale business and cannot afford to have such a huge capital tied down indefinitely.
Mr. Jallow stated in his claim that he has suffered an immense loss of earnings as a result of Mr. Kumar’s default, and in the premises Mr. Jallow has suffered loss and damage. Mr. Jallow appointed Momodou Musa Jallow his attorney to represent him in this civil suit.
Mr. Jallow has also claimed the sum of D80,000 being damages payable by Mr. Kumar and his company for breach of contract and loss of earnings suffered by Mr. Jallow.
Legal and administrative cost in the sum of D70,000 was also claimed by Mr. Jallow, with interest at the rate of 18% per annum.
