Johannes Hermse a resident of Marakisa Village in Kombo Central on Wednesday took one Kebba Dambelly beofre Majistrate EF M'bai of the Brikama Magistrates' Court for the recovery of the sum of 6, 350 pounds, which he Mr Hermse sent to the defendant Mr Dambelly from April to may 24 2002. According to  Mr Hermse, he instructed the defendant Kebba Dambelly to deposit the said  amount  into his (Johannes Hermse's ) account at Trust Bank, Brikama Branch which he said the defendant failed to do as instructed.

Mr Hermse is also claiming for a breach of trust and a 27% interest  from the date of  recieving the money to the judgement date. He has also claimed a 4%  interest to the date of settlement.

In his testimony before Magistrate M'Bai, Mr Hermse (plaintiff) stated that  the defendant was his business partner in a company in which he owned 95% of the shares, while  the defendant Mr Dambelly held a 5% unpaid share.

He narrated that on account of the company's need for money to defray certain expenses, he sent the 6,350 pounds to Mr. Dambelly through Western Union with clear instructions that the money should be deposited in the company's account. "I later discovered that Mr Dambelly did not comply with my instructions, and upon my demand for the money, he refused to give it back to me" Mr Hermse said.

He continued that he then reported the matter to the  Brikama Police Station and after his arrest and interrogation, he confessed and pleaded  for time to be given to him so that he could settle the money by installment.

Mr Hermse then told the court that since that  time he has been able to recover only D7,000 from Mr. Dambelly, while the remaining D215, 250 is yet to be recovered.

Mr Dambelly has denied all the claims levelled against him. However, he objected that Mr Hermse had reported him to the police claiming that he (Mr Dambelly) owed him D20,000.

The case was at this juncture adjourned for continuation.