{"id":441508,"date":"2011-06-15T08:37:07","date_gmt":"2011-06-15T08:37:07","guid":{"rendered":"http:\/\/www.ghanamma.net\/2011\/06\/15\/supreme-court-lays-historic-case-to-rest\/"},"modified":"2011-06-15T08:37:07","modified_gmt":"2011-06-15T08:37:07","slug":"supreme-court-lays-historic-case-to-rest","status":"publish","type":"post","link":"https:\/\/www.ghanamma.com\/2011\/06\/15\/supreme-court-lays-historic-case-to-rest\/","title":{"rendered":"Supreme Court Lays Historic Case to Rest"},"content":{"rendered":"
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The Daily Observer<\/a> (Banjul)<\/p>\n

Sidiq Asemota<\/p>\n

13 June 2011<\/p>\n

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The Supreme Court of The Gambia, presided over by a panel of 5 judges, headed by the chief justice, Emmanuel Akomaye Agim, has laid to rest the civil appeal case involving Alhaji Momodou Jobe (appellant) and Alhaji Abdoulie Dandeh Njie (respondent).<\/p>\n

It could be recalled that in December 1993, the respondent (Alhaji Abdoulie Dandeh Njie) sold two of his leasehold properties at Number 70 Atlantic Road (Boulevard), Fajara, to the appellant, Alhaji Momodou Jobe, at the total price of D3.4 million, but the appellant made a partial payment of D1.2 million and promised to pay the remainder by 3rd January 1994.<\/p>\n

Despite the repeated promises, the appellant failed to complete the payment; and despite his many failed promises, the respondent conveyed little in the said properties to the appellant. Owing to this failure of the appellant to pay the sum, which was reduced to \u00c2\u00a3105,000.00, the respondent commenced a civil suit in the High Court against the appellant on the 20th of July 1998, claiming for: a declaration that he is discharged from further performance of the said contract; a declaration that he is entitled to retain the deposit and instalments for his own use and benefit.<\/p>\n

In the alternative, there should be specific performance of the said contract, with the condition that the defendant (Alhaji M. Jobe) pays the said balance of \u00c2\u00a3105,000.00 forthwith or the contract declared rescinded, with the plaintiff (Alhaji A. Dandeh Njie) retaining all the deposits and instalments paid to him by the defendant, interest at the rate of 26% per annum from the due date to judgment, costs and any other reliefs the court deems just. The appellant (Alhaji M. Jobe) at the trial in the High Court counter claimed for:<\/p>\n

An account by the plaintiff (Alh. A.D. Njie) of all monies lent or handed to him and payment of the said monies to him (Alh M. Jobe). An account by Alhaji A.D. Njie of all rentals received (by him) from the premises sold to the defendant (M. Jobe) by the plaintiff (Alh A.D. Njie) between 1993 and date. An order compelling payment of capital gains tax on the premises by the plaintiff (Alh A.D. Njie) and\/or refunding the equivalent sum to the defendant (Alh M. Jobe).<\/p>\n

An order restraining to plaintiff (Alh A.D. Njie) from going into the premises and\/or receiving rentals thereon. An order restraining the plaintiff (Alhaji A.D. Njie) from interfering with the occupants of the said premises, or entering upon or otherwise interfering with the said premises, interest and cost and further or other reliefs the court shall deem fit.<\/p>\n

On the pleadings and the evidence of both parties, the High Court on the 29th of April 2005 entered judgment in respect of the plaintiff’s claims as follows: that the plaintiff (Alh A.D. Njie) will not be permitted to rescind the contract, that the sum of \u00c2\u00a3105,000.00 is still owed on the transaction, adding that the plaintiff is entitled to receive the said monies.<\/p>\n

The High Court granted relieves 2 and 3 and entered judgment in respect of relief 5, which is a claim for interest at the rate of 26% from due date to date. The High Court ordered that the sum of \u00c2\u00a3105,000.00 or equivalent in Dalasis together with interest be paid by the defendant (Alh M. Jobe) to the plaintiff (Alh A.D. Njie) within ninety (90) days in default of doing so, the plaintiff may have the contract rescinded with the plaintiff retaining monies paid by the defendant under it by way of damages.<\/p>\n

The High Court then dismissed relief one sought by the defendant on the counterclaim, adding that there was no sufficient evidence led in support of the allegation that the defendant lent monies to the plaintiff. Relieves 6 and 7 of the counterclaim of the defendant (Alh M. Jobe) was also dismissed by the High Court, which however enter judgment for the defendant for relief 2 of the defendant’s counterclaim, and ordered for an accounting to be from the period after exhibit “O” by which the plaintiff himself gave an accounting to the defendant.<\/p>\n

The High Court further entered judgment for reliefs 4 and 5 of the defendant counterclaim and ordered that the plaintiff (Alh A.D. Njie) pay capital gains tax on the transaction. On the 13th May 2005, the appellant (Alh M. Jobe) by motion on notice applied to the same trial High Court for a review of its judgment. On the 27th of October 2006, the court rendered a ruling reviewing part of its earlier judgment relating to the quantum of the judgment debt upon which interest should be calculated and also the rate of interest applicable.<\/p>\n

The court also had that the 90 days allowed for the payment of the judgment debt should commence from the 27th of October 2006. On the 17th of January 2007, the defendant’s (Alh M. Jobe) counsel, Lawyer Ida Drammeh wrote to the plaintiff’s counsel, Lawyer S.B.S Janneh requesting for details of the bank account into which the judgment debt awarded in the suit is to be paid to enable her client arrange payment of the sum of \u00c2\u00a3105,000.00.<\/p>\n

The plaintiff’s counsel by letter on the 19th of January 2007 wrote a reply sending the details of the bank account into which the said money was to be paid. On the 16th of February 2007, the plaintiff counsel wrote to the defendant’s counsel informing her that the sum of \u00c2\u00a3104,950.00 had been received in his account on the 1st February 2007 and also stated that the plaintiff had rescinded the contract pursuant to the judgment of the High Court, because the entire judgment debt was not paid in 90 days as ordered by the court.<\/p>\n

By motion on notice dated 8th February 2007, the defendant applied to the High Court for the following orders: a) That the payment received by counsel for the plaintiffs\/respondent on the 1st of February 2007 be deemed a proper payment made in compliance with the order of the High Court on the 27th of October 2006. b) That the 90 days ordered by the court be extended to the date of receipt of the said sum of \u00c2\u00a3105,000.00.<\/p>\n

On the 14th of April 2007, the trial High Court heard and granted the application and granted a further extension of 15 days. Being dissatisfied with the decision, the plaintiff (Alh A.D. Njie) appealed against the decision of the High Court at the Gambia Court of Appeal on two grounds. The Court of Appeal in its judgment of 23rd October 2009 struck out the first ground of appeal for being incompetent and determines the appeal only on the second ground of appeal.<\/p>\n

The Court of Appeal held that the contract having been rescinded, there was no basis for granting the application for extension of time and that it over-reached the fact of recession of the contract and was so prejudicial to Alhaji Abdoulie Dandeh Njie (respondent). Dissatisfied with the decision of the Gambia Court of Appeal, the appellant (Alhaji Momodou Jobe) appealed to the Supreme Court of The Gambia by a notice of appeal filed on the 3rd of November 2009 and the appellant further filed additional grounds of appeal and formulated three (3) issues for determination whilst the respondent (Alh A.D. Njie) also filed his statement and raised two issues for determination.<\/p>\n

The Supreme Court of The Gambia presided over by Chief Justice Emmanuel Agim, Justice Gibril Baboucarr Semega-Janneh (JSC), Justice Jones Victor Mawulom Dotse (JSC), Justice Henrietta Abban (Mrs.) (JSC) and Justice Emmanuel Kwami Ayebi (JSC) held that since the appellant (Alhaji Momodou Jobe) did not pay the balance of the purchase price for the two leasehold properties at Fajara, he bought from the respondent (Alhaji Abdoulie Dandeh Njie), and since the respondent (Alh A.D. Njie) has rescinded the contract, the sale of the said properties was therefore cancelled. The Supreme Court ordered that the amount of the purchase price should remain with the respondent (Alh A.D. Njie) as damages, whilst the respondent takes back his properties.<\/p>\n

Meanwhile other civil appeals decided by the Supreme Court of The Gambia included the case of Louis Diaz de Losada Construction Ltd and Basirou Jawara. The Supreme Court, presided over by the Chief Justice, Emmanuel Agim, Justice Jones Victor Mawulom Dotse, Justice Ade Renner Thomas, Justice Henrietta Abban (Mrs.) and Justice Aloma Mariam Mukhtar, held that Basirou Jawara should pay Louis Diaz de Losada Construction Ltd interest at 1% on \u00c2\u00a371,834 from the 27th of September 1994, when the cause of action arose to the date of judgment and 4% thereafter till the said judgment sum is fully paid.<\/p>\n

The Supreme Court further held that the respondent (Basirou Jawara) pay the sum of D30,000.00 as cost to the appellant (Louis Diaz de Lodada Construction Ltd). Furthermore, the Supreme Court of The Gambia presided over by Chief Justice Emmanuel Agim, Justice Victor Mawulom Dotse, Justice Ade Renner Thomas, Justice Henrietta Abban (Mrs.) and Justice Emmanuel K. Ayebi also laid to rest the civil appeal case involving one Pap Baboucarr Jobe and another against the Standard Chartered Bank (Gambia) Limited and another.<\/p>\n

The said appeal failed in respect of the sale of immovable (mortgaged property) but the Supreme Court allowed the said appeal in respect of the sale of the chattels. The Supreme Court therefore declared that the Standard Chartered Bank (Gambia) Ltd was liable for the conversion of the chattels and were ordered to pay the sum of D50,000.00 as damages for the conversion of the chattels.<\/p>\n

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The Daily Observer (Banjul) Sidiq Asemota 13 June 2011 The Supreme Court of The Gambia, presided over by a panel of 5 judges, headed by the chief justice, Emmanuel Akomaye Agim, has laid to rest the civil appeal case involving Alhaji Momodou Jobe (appellant) and Alhaji Abdoulie Dandeh Njie (respondent). <\/p>\n","protected":false},"author":0,"featured_media":429137,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[13],"tags":[],"class_list":{"0":"post-441508","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-sports"},"yoast_head":"\nSupreme Court Lays Historic Case to Rest - Ghanamma.com<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.ghanamma.com\/2011\/06\/15\/supreme-court-lays-historic-case-to-rest\/\" \/>\n<meta name=\"twitter:card\" content=\"summary_large_image\" \/>\n<meta name=\"twitter:title\" content=\"Supreme Court Lays Historic Case to Rest - 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