One Sunkary Conteh, plaintiff, has instituted legal proceedings against Gigo Construction Ltd, first defendant, and Alhagi Amadou Gigo, second defendant, claiming D500,000 as damages for breach of contract and 25% interest per annum from February 2003 to date of judgement to be paid at the rate of 4% to date of payment. The matter is before the Kanifing Magistrates’ Court.
According to the particulars of the claim, on or about 15th May 2002, the plaintiff and the defendant entered into a contract whereby the 1st defendant agreed to construct for the plaintiff two three-bedroom houses on the plaintiff’s property located at Lamin in a turnkey arrangement.
The plaintiff claimed that the said contract had a clause binding him (the plaintiff) to pay to the 1st defendant the sum of US$45,550 in accordance with the schedule of payment contained in the contract.
He further claimed that it was also a term of the contract that the 1st defendant complete within eight months of the payment of the mobilisation fees the construction work and hand over the keys to the houses to the plaintiff.
The plaintiff stated in his claim that the first defendant was further obliged by the contract to complete the construction work in a substantial and impressive manner by using materials of high quality.
He also claimed that following the signing of the said agreement, the plaintiff caused notices to be served on tenants living on the plaintiff’s property and caused the houses to be demolished.
The plaintiff indicated that influenced by the representation made to him by the 2nd defendant as to the quality of workmanship and timely completion of the project, he paid the entire contract sum to the 1st defendant but that the 1st defendant failed to execute the contract.
Lawyer Ousainou Darboe represented the plaintiff while the case was presided over by Senior Magistrate Abdoulie Mbakeh.