By Kemeseng Sanneh (Kexx)
Justice Jaiteh has on Tuesday, 15 November overruled Lawyer Lamin S. Camara’s objection on the admissibility of the two receipts amounting One Hundred Fifty Thousand Euros (€150,000).
The Plaintiff in this case is Abdoulaye Thiam, a Senegalese business tycoon and the Defendant is Aisha Fatty, a Gambia businesswoman.
The ruling came following an objection by Senior Counsel Lamin S. Camara, representing Isha Fatty. The objection was based on the argument that the original two receipts – €100,000 and €50,000 – were not in the possession of Isha Fatty, adding that they should be with United Foreign Exchange Limited.
Lawyer Camara contended that the plaintiff could not rely on secondary evidence to prove the contents of the document. Counsel Camara urged the court to reject the document.
In response to the objection, Senior Counsel Lamin A. Ceesay argued that the objection was misconceived since and referred to the court paragraphs 29, 30, and 31 of Asha Fatty’s statement of defense to support this argument.
Justice Ebrima Jaiteh admitted the photocopies of the receipts from United Foreign Exchange Bureau Ltd, received by Aisha Fatty, as exhibits. The receipt for €100,000 was marked as Exhibit P11A, and the receipt for €50,000 was marked as Exhibit P11B.
Aisha Fatty’s statement of defence and six other documents were tendered and admitted in the records of the court, and marked as exhibit. The documents attached included a bill of loading and receipts.
The statement of defence by the Inspector General of Police and cautionary statements of Aisha Fatty were tendered and admitted into the records of the court, and marked as an exhibit.
The court has now decided to proceed with the trial proper and noted that any delays caused by the absence of any party would result in a fixed amount of $2,500.
Counsel Lamin Ceesay, representing the plaintiff, Abdoulaye Thiam, informed the court that they would file issues for determination before the commencement of the trial. Additionally, Counsel Ceesay also informed the court that they would file further issues and a motion.
The trial proper is set to commence on 24 November 2023. Counsel for the plaintiff has assured the court that their first witness will be available for the start of the trial.
