Lady Faces Over 1.5 Million Dalasi Claim

Tuesday, July 31, 2007

Isatou Savage, a defendant reportedly resident in Kanifing Estate, was on 27th July, 2007 dragged to court by one Dodou Njie of Bakoteh Housing Estate, who was claiming D1,530,531, as cost of damage allegedly inflicted by the defendant to the plaintiff’s house.

The case was presided over by Senior Magistrate Abdoulie Mbackeh of the Kanifing Magistrates’ Court. The defendant denied liability when the claim was read to her.

Magistrate Mbackeh then told both parties that the court had realised that the claim involved was beyond the jurisdiction of the court according to law, explaining that a Magistrates’ Court could only handle claims of up to one million dalasis and that any claim above that amount could only be handled by the High Court.

He said since the claim was above the amount the court was entitled to entertain, then in the circumstances the court was obliged to strike out the suit for lack of jurisdiction to handle the matter. As a result, he said, the court had to strike out the case.

He therefore advised the plaintiff to forward the claim to the High Court as it has the powers to entertain such claims.

Author: By Dawda Faye & Modou Sanyang
Source: The Point
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