By Kemeseng Sanneh (Kexx)
Justice Ebrima Jaiteh has passed a judgement against the Gambia Armed Forces (GAF) in a case instituted by Sarjo Saine trading as Kono Construction.
The judgement was delivered on Wednesday, 31st July 2024. GAF is asked to pay the man over 6 Million Dalasi for outstanding monies the military owed himfor the service he did for them.
Sarjo Saine brought the case against GAF seeking recovery of the sum of Five Million, Seven Hundred and Thirteen Thousand and Twenty-Five Dalasi (D5,713,025) being invoice value of monies owed by the army for emptying cesspit pools from various Army Barracks in The Gambia. A cesspool is an underground reservoir for liquid waste (such as household sewage). It is similar to septic tanks, but has no soakaway attached to it, so needs emptying when it is full.
Sarjo Saine also asked for Five Hundred Thousand Dalasi (D500,000) as legal and administrative fees , interest at the rate of 33% from 2014 till the date of final liquidation and costs.
Senior Lawyer Edward Gomez submitted that from the records of the court, and all material and documentary evidence, it is quite reasonable that the Plaintiff has proved his case on the balance of probability. Counsel Gomez argued that the Defendant (GAF) by their comportment, has, by implication, acknowledged that they owed Sarjo Saine. The Plaintiff’s counsel urged this court to enter judgment for the Plaintiff (Sarjo). The Judge reiterated that the Defendant (GAF) and its counsel did not fully take part in this trial which certainly goes to show that the Defendant has no defence.
“Where a party (Defendant) took no part in a proceeding or offered no evidence in his defence as in the case at hand, the evidence before the court goes one way and there would be nothing on the other side of the imaginary scale or balance against the evidence of the (Plaintiff) other party,” Justice Jaiteh said.
Sarjo’s statement of case is captured here as: “The Defendant (GAF) contacted me again to empty cesspit pools in various Barracks within the country; That upon completion of work done, I do submit delivery note and to confirm work done to the Army personnel on the ground to sign and attest to the completion of work done; that invoice of any work done would be prepared and sent to the Chief Clerk for a departmental memo to be raised for onward transmission to the Chief of Defence Staff for payment; Based on this arrangement a pattern contract was established that the Defendant do contact me to empty cesspit pools from time to time at various Army Barracks within the country, after which invoices will be sent and paid for; That in the course of my work for the Defendant, the unpaid sum of the job done is discovered to have piled up over time; That on the 23rd of June 2019, I wrote a letter to the Chief of Defence Staff requesting for outstanding payments for emptying cesspit pools from various Army Barracks in The Gambia; That on the 20th day of October 2020, I caused my counsel to write to the Defendant demanding the outstanding payment of Four Million, Two Hundred and Thirty-One Thousand ,Four Hundred and Fifty-Three Dalasi being the outstanding payment discovered as at that time; That the Ministry of Defence invited me to a meeting vide a letter dated the 17th day of November 2020, at the Ministry of Defence scheduled for the 23rd day of November 2020 to discuss the issue; That on the 23rd of November 2020, I attended the meeting, but the Defendant failed to turn up for the meeting; That on the 10h day of December 2020, I wrote to the Defendant informing them about their absence in the meeting and also suggesting that the matter has been pending for too long and it will be fair to make arrangements for immediate payment of the debt by the Defendant; That in the course of my various visit to the Army Headquarters, I tendered the statements of account showing the outstanding sums that remains unpaid by the Defendant, but nothing was forthcoming; and that I have gathered all the unpaid invoices and same now amounting to D5, 713, 025.00 (Five Million Seven Hundred and Thirteen Thousand and Twenty-Five Dalasi); that in order to recover the outstanding sum, I sought the service of a legal practitioner, making me to incur unplanned expenses; and that the inability of Defendant to pay for services rendered by me has caused hardship and loss in the cause of my business.”
Justice Jaiteh said the Gambia Armed Forces failed to challenge the evidence of Sarjo Saine.
“From the foregoing reasoning and having looked at the totality of the evidence on a balance of probability, I hereby enter judgment in favour of the Plaintiff against the Defendant,” Justice Jaiteh said.
He ordered the Gambia Armed Forces to pay the Sarjo Saine the sum of Five Million, Seven Hundred and Thirteen Thousand and Twenty -Five Dalasi being invoice value of monies owed by the Defendant to the Plaintiff for emptying cesspit pools from various Army Barracks in The Gambia. He also ordered GAF to pay Sarjo the Plaintiff legal and administrative fees of Five Hundred Thousand Dalasi incurred in prosecuting this suit. He ordered the payment of interest at the rate of 10% from the year 2014 until the date of the final liquidation of the judgment sum. A statutory interest of 4% is awarded in favour of Sarjo against GAF from the date of Judgment up to the date of final liquidation of the judgment sum. At the discretion of the Court, he awarded One Hundred Thousand Dalasi (D100,000) in favour of Sarjo Saine.
