Magistrate Abdoulie Mbacke of the Kanifing Magistrates Court, on Wednesday February 28, ordered Palm Holdings Company Limited to pay D962, 607.24 to Palm Beach Hotel, plus 15 per cent interest and D1, 000 owed by the defendant.
Magistrate Mbacke made this judgment, following the defendant’s failure to appear in court on three occasions, in a civil suit involving the payment of a sub-lease in 2005 by Palm Beach Hotel, on behalf of the defendant.
Delivering the ruling, Magistrate Mbacke said the judgment was based on Section 7 of the Subordinate Court Civil Proceedings Act. He pointed out that “equity aids the vigilant not the indulgent”. He told the court that the plaintiff has demonstrated keen interest in pursuing its claim by attending court sessions, while the defendant, Palm Holdings Company decided to stay from court proceedings and failed to establish any defence.
Presiding Magistrate Mbacke ruled that the “law helps those who help themselves and not those, who fail to make any efforts”.
The claim was an amount owed by the defendant to various persons and departments, which were paid by the plaintiff on its behalf under a sub-lease executed in September 2005.