Capital Express Assurance Gambia Ltd was recently dragged to the Kanifing Magistrates’ Court by Fatoumatta Gano over a contract which was not honoured by the defendant.
The plaintiff, Fatoumatta Gano, is a nurse employed within the Civil Service of The Gambia, currently domiciled and residing at Jambangjelly. The defendant, according to the particulars of claim, is an insurance business duly registered and operating in The Gambia, carrying on business within the Kanifing Municipality.
In or around August2025, the plaintiff filled out a preliminary pre-contractual inquiry form presented by an agent of the defendant, under which a proposed monthly salary deduction of D1,500 was discussed. The plaintiff contends and asserts that by the established practice and terms governing the insurance scheme, a contract becomes effective and deductions can only lawfully commence when both the plaintiff and the defendant execute their respective signatures on formal Policy Agreement.
The plaintiff never executed or signed any Policy Agreement with the defendant, and as such, no valid, binding or enforceable insurance contract was ever formed between the parties. Immediately upon completing the preliminary inquiry form, the plaintiff expressly instructed the defendant’s agent not to activate or process any deduction until receiving expressed, affirmative instruction from the plaintiff. The defendant’s agent explicitly agreed to this condition precedent.
In breach of the said agreement and without the plaintiff’s authorization or consent, the defendant wrongfully submitted the plaintiff’s preliminary paperwork to the Accountant General’s Department, causing automated monthly salary deductions of D1,500 to commence in April, 2026. The defendant has unlawfully converted and retained the sum of D1,500 monthly from the plaintiff’s salary for seven consecutive months from April 2026 to October 2026, amounting to a total sum of D10,500.
Upon discovering the deductions, the particulars continue, the plaintiff immediately protested to the defendant and demanded an immediate refund and stoppage of deductions. The defendant attempted to induce the plaintiff into executing a formal Policy Agreement after the fact to cover up the unauthorized activation, which the plaintiff lawfully refused to sign. The defendant refused to refund the monies deducted and asserted that it would continue deducting D1,500 monthly for 24 months.
All personal efforts and mutual engagements by the plaintiff to settle the matter amicably have been rejected by the defendant. By reasons of the defendant’s unauthorized actions, the plaintiff has suffered severe financial hardship, mental anguish and economic distress.
Fatoumatta Gano is now claiming against the defendant for an order for immediate recovery and refund of the sum of D10,500 being monies received by the defendant from the plaintiff’s salary without authorization between April 2026 and October 2026.
An order of injunction restraining the defendant, whether by itself, agents, servants or privies from further submitting, processing or enforcing any salary deduction request from the plaintiff’s salary at the Accountant General’s Department or any financial institution.
General damages in the sum of D150,000 for unlawful conversion, financial hardship, mental distress and embarrassment caused to the plaintiff.
Pre-judgement inferred at the rate of 15% per annum on the sum of D10,500 from April 2026 until judgement.
Out-of-pocket expenses and administrative costs of this suit assessed at D15,000.
The case continues.
