Reliance wins suit against Agricultural Livestock Poultry Farm
Friday, September 21, 2012
Justice Penda Dibba of the High Court in Banjul has entered judgement in favour of Reliance Financial Services Co. Ltd against one Alieu K. Saine, trading as AKS, Agricultural Livestock Poultry Farm, in a civil suit before the said court.
The plaintiff caused a writ of summons to be issued on the 28th March 2012 against the defendant claiming the sum of D1, 827, 849.09 (One million eight hundred and twenty-seven thousand, eight hundred and forty-nine dalasis and nine bututs) from the defendant, being principal and interest outstanding as at the 14th March 2012 due to the plaintiff on facilities granted to the defendant, interest there on at the rate of 34% per annum from the 15th March 2012 to date of payment, further or other relief and costs.
In her judgment, Justice Penda Dibba disclosed that on the 3rd of May 2012, the plaintiff’s counsel made an application pursuant to order 11 Rule 7 of schedule 11 of the High Court Rues for this suit to be placed on the undefended list and by order of the court, the said suit was however placed on the undefended list and the application was granted together with an order to serve the defendant with the writ of summons and other processes in this suit.
The defendant was served with the processes in this suit on the 9th May 2012 respectively as per the affidavit of service sworn to by Edrissa Sowe the process server on the 10th May 2012. Justice Dibba remarked that since the matter is one that is placed on the undefended list and the defendant has not filed any notice of intention to defend as prescribed by schedule 2 order 2 Rule 9 of the Rules of the High Court, she is satisfied that the defendant has no intention to defend the suit and therefore rely on the plaintiff’s writ of summons and affidavit in support and the fact that the defendant has no intention of defending this suit in entering judgement for the plaintiff against the defendant for the sum of D1, 827, 849.09 being principal and interest outstanding as at 14th March 2012 due to the plaintiff on facilities granted to the defendant.
The judge further awarded a cost of D20, 000 to the plaintiff, a statutory interest of 4% from the date of judgment to the date of final payment and interest thereon at the rate of 34% per annum from the 15th March 2012 to date of judgement.
Author: Sidiq Asemota