By Kemeseng Sanneh (Kexx)
A high court in Banjul has ordered the national telecommunications company, Gambia Telecommunications Company Limited (Gamtel), to pay Bankai International Private, Ltd more than $2.9 million for outstanding international telephone services, along with additional legal fees.
Justice Ebrima Jaiteh, presiding over the case, dismissed Gamtel’s attempts to halt the proceedings through arbitration or to dismiss the suit on jurisdictional grounds, finding no genuine dispute between the two parties.
Bankai International, a Mauritius-registered company, initiated the lawsuit seeking $2,940,012.01 for services rendered and $294,001.20 to cover legal costs incurred in recovering the debt. The companies had entered into a reciprocal international wholesale services agreement in June 2018, which required payment within 30 days of receipt of the invoice.
According to court documents, Bankai submitted invoices to Gamtel for services provided, but payment was repeatedly delayed despite acknowledgements of the debt. Counsel for Bankai, Sheriff Marie Tambadou, presented evidence, including letters and meetings where Gamtel officials confirmed the outstanding balance and pledged to settle.
In response, Gamtel filed two motions in May 2023: one to stay the case and refer the dispute to arbitration, citing a clause in the 2018 contract, and another to dismiss the case based on a jurisdiction clause that assigned exclusive authority to the courts of England and Wales.
Represented by Counsel A. A. Ceesay, Gamtel argued that the denial of liability constituted a dispute requiring arbitration. However, Bankai’s legal team contended that no real dispute existed, highlighting a 2019 letter signed by Gamtel’s then Managing Director, Seedy Jaiteh, which acknowledged a debt of nearly $2 million and stated, “all disputes are closed.”
Justice Jaiteh examined the facts and found that the material issues were undisputed. Citing Gambian law and international precedents, he noted that mere failure to pay does not constitute a dispute when liability has been admitted.
The judge further observed that while jurisdiction clauses are usually upheld, they may be set aside if they obstruct justice or if no live dispute remains. He concluded that Gamtel’s push to shift the case to English courts appeared to be a delay tactic.
Ultimately, the court ruled that Gamtel was estopped from denying its debt obligations due to prior acknowledgements. Both of Gamtel’s motions were dismissed, and the company was ordered to pay Bankai International’s claim along with legal costs totalling 50,000 Dalasi.
