M.A. Kharafi & Sons Dragged to Court

Thursday, January 10, 2008

One Bella Renner has sued M.A. Kharafi & Sons and Palm Real Estate as first and second defendants respectively. The plaintiff is claiming D228, 050.00, being the cost of allegedly damaged furniture, plus the sum of $8,500 as damages for breach of contract with 25% and 4% interest respectively.

The case was presided over by Magistrate Abdoulie Mbackeh of the Kanifing Magistrates’ Court.

The plaintiff claimed that she is and was at all material times the owner of the property in Kotu.

The plaintiff further claimed that the first defendant is and was running and operating an estate agency business and that the plaintiff entered into a contract with the first defendant for the latter to let out the plaintiff’s property at Kotu.

Her claim indicated that the second defendant is a body corporate and engaged in several businesses in The Gambia.

The plaintiff averred that the first defendant entered into a written agreement with the second defendant on behalf of the plaintiff whereby the property of the plaintiff was to be let out to the second defendant.

The plaintiff further stated that the employees of the second defendant occupied the said property with the permission of the second defendant during the course of their employment with the second defendant.

She went on to reveal that one of the terms of the contract was that the watchman of the plaintiff have access to the main dwelling house to clear and look after the furniture and that the second defendant’s agent or servant never gave the plaintiff’s watchman access to the main dwelling house to carry out his functions.

The plaintiff stated further that the second defendant was supposed to give three months’ notice prior to the expiration of the contract but that they breached the said clause in the tenancy agreement thereby causing financial loss to the plaintiff.

Author: By Dawda Faye
Source: The Point