Court to enter judgment if Musician ST fails to appear

Mar 1, 2022, 10:47 AM | Article By: Dawda Faye

Magistrate Mam Samba Jallow of the Kanifing Magistrates’ Court on the 24th February, 2022, told the court that if Sanna Singateh alias ST fails to appear in court to cross-examine the plaintiff, Nuha Bojang, she would enter judgment. ST has not been present in court twice. 

When the case was called, Nuha Bojang was preasent but ST was not present. The plaintiff was then asked to enter the witness box to continue his testimony.

“When you were testifying you told the court that you have some documents to tender. Have you brought them?” the magistrate asked the plaintiff.

“Yes,” the plaintiff responded.

“You can tender them,” said the magistrate.

The plaintiff then tendered receipts for the payment of a hall, tickets, DJ and posters as documentary evidence. The documents were admitted by the court in evidence to support his claim. When he finished his testimony, he informed the court that he had a witness in the court. He said that the witness was present when he gave ST some money to perform for him. His witness then went into the witness box to testify. He subsequently entered therein.

But when he was asked to hold the holy Quran and swear, he said he would not swear on the Quran. The magistrate then asked him to step down.  

It could be recalled that Nuha Bojang, a student, dragged Sanna Singateh alias ST, a musician, to the Kanifing Magistrates’ Court, claiming the recovery of the sum of D25,000 being an amount owed by the defendant. He also claimed the sum of D51,800 as damages for breach of agreement, and cost and any further orders the court may deem fit.

Testifying before the court, Nuha Bojang disclosed that he lives at Busumbala and he is a student. He stated that in March, 2021, he met a friend, Musa Njie, of Busumbala and he spoke to him about his intention that he wanted to do a programme and he suggested the defendant, ST.

He said that he asked Musa Njie to call the defendant and ask whether he could play for them. He asserted that this was done. He narrated that he later called the defendant on telephone and they spoke about the price. “The defendant said we should pay D30,000 which could be paid in two installments of D25,000 before the programme and D5,000 after the programme,” he told the court.

He revealed that he went with Musa Njie to pay the money and the defendant asked them to meet him at Senegambia Football Field, stating further that they paid the defendant D25,000 cash after 5 p.m. He noted that the defendant gave them 11th May, 2021, for the date of the performance which failed.

“The defendant scheduled another day which was 24th July, 2021, but it also failed. I called him before the 24th July, 2021, because as we agreed, I should call him as soon as we entered July and he would tell me exactly what to do,” he posited.

Nuha Bojang further said that he called the defendant who told him to go with the advertisement, hall arrangement etc. He further asserted that the defendant assured him that he, Nuha, was safe. “And after some days before the 24th of July, 2021, I called the defendant to remind him but said he was very sorry that he gave that date to someone else, as he had forgotten about me. I then asked him to refund my money because the purpose of the money was to pay my school tuition fees and that admissions were on,” he revealed.

He noted that the defendant kept asking him to meet him but to no avail. “And in the end, he told me that he is a big man and once the money is paid, it will not be refunded. He further told me that he had seen the advertisement and could not pay back the money,” he told the court.

At this juncture, he tendered a receipt to show payment of the advertisement, which was admitted by the court. The defendant was not present in court, although a hearing notice was served on him.

The case was adjourned to the 9th March, 2022, for ST to cross-examine the plaintiff.

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