Senior Magistrate Abdoulie Mbackeh of the Kanifing Magistrates’ Court on 26th July 2007 ordered one Alpha Jallow, defendant, to pay $22,000 to the plaintiff, Mamadou Dem, within fourteen days.
Delivering his judgement, Senior Magistrate Mbackeh said that the court was sufficiently convinced that the plaintiff had proved his case on the balance of probabilities that the defendant was liable to him for the sum of $22,000. He further said that the court had also decided to award the plaintiff D10,000 as damages plus D5,000 as cost at an interest of 5% per annum from July 2006, until such time as the judgement debt was fully liquidated.
He concluded his judgement by rationalising the court’s decision not to grant the plaintiff damages for loss of profit and earnings, saying that the decision is on the grounds that such claim relates to special damages which the plaintiff ought to plead and particularise in order to show the amount of money that was likely to flow from the defendant’s failure to remit the $22,000 to its intended destination. He gave the defendant 14 days with effect from the date of judgement to liquidate the judgement debt.