Magistrate fines GAP leader D165,000

Jun 14, 2021, 11:09 AM | Article By: Alagie Baba

Magistrate Mam Samba Jallow of the Kanifing Magistrate's Court on 28th May 2021 entered judgement against Musa Yali Batchilly, the secretary general of Gambia Action Party (GAP).

Magistrate Jallow ordered Batchilly to pay D160,000 to one Modou Mbye. She also ordered Batchilly to pay a cost of D5000 to Mr. Mbye.
The case was filed on the 23rd March 2021 on behalf of Mbye by his lawyer Malick Hassan B. Jallow.
The case was first mentioned on the 23rd April the same year, but Batchilly wrote to the court seeking an adjournment which was approved. The process server in his affidavit of service stated that on the 20th March 2021, he called Mr. Batchilly who asked him to hand the hearing notice to his wife.
She said Batchilly was fully aware of the case, but chose not to defend it or cause someone to do so on his behalf.
She relied on decided cases and section 7 (1) of the Subordinate Courts (Civil Proceedings) Act to make the order. She said Batchilly cannot be allowed to dictate the pace at which the trial goes. On this basis, she asked Batchilly to pay the sum of D165,000 to Mr. Mbye.

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