According to the particulars of claim, the plaintiff Sarjo Saine, owns a shop situated at Kanifing Industrial Area in which the defendant MOBSE, a tenant, is occupying as its store. The said rent is D350,000 per annum.
The particulars further revealed that Sarjo Saine has given a notice (timeline) to MOBSE to vacate – which has since elapsed, and the defendant has made no effort to vacate the said store.
The plaintiff claimed that the defendant was not regular in paying the rent.
However, the plaintiff “is now claiming the recovery of the sum of D233,333,00 being arrears of rent for a period of eight months and any outstanding balance for any subsequent months that may end along the trials or before judgment.”
The judicial source revealed that the plaintiff further craves the indulgence of the court for an eviction order for the defendant to be evicted from the premises and recovery of the above claim and any order or orders the court may deem fit to make.
When the matter was brought before Magistrate E.J. Colley, the plaintiff was present while the defendant (Ministry) was absent. The court then requested for the plaintiff to produce registration certificate which he claimed to have. However, the plaintiff did not have his documents and was ordered to furnish the court with proof of rent registration receipt at the next hearing.
As the defendant had been summoned but they were absent, pursuant to Section 7C(1) 5 of the Rent Act, the court ordered a hearing notice that would be served at the defendant’s last known address not less than three days before the next adjourned date .
The matter was adjourned to15 March 2024.
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