TK Motors and Kabo Air have been ordered to pay the sum of US$3,300,861 to O’ Corporation Ltd for recklessness and abuse of process and delay, causing loss, damages and injury to the plaintiff.

O’ Corporation instituted a civil suit  after it purchased an aircraft, Boeing V27 with registration number 5V PTA. As the highest bidder at the sale, O’ Corporation was prevented by the defendants from taking possession of the aircraft resulting to its destruction.

Handing down his judgement, Justice AM Dordzie said the first defendant Kabo Air was aware of the court decision, maintaining that the allegations of fraud pelted against the plaintiff and its managing director by the first defendant and its managing director were untrue.

“The first defendant further relied on the injunction orders, which both defendants obtained to threaten the United States of America Federal Aviation Authority from registering the aircraft in the plaintiff’s name,” she said.

She ruled that the statement made by Lawyer MacCarthy, under oath, was fraudulent and that it was made with the intention of misleading the defendants and the United States government to undermine the powers of the High Court  of The Gamiba.

The judge revealed that the first defendant knew that it cannot maintain any suit in the court against the purchaser of the aircraft, saying that the defendant wrote a letter in February to frustrate the efforts of the plaintiff to fly the aircraft out of The Gambia.

“I have found the defendants liable for abuse of the court process, by relying on the processes in exhibit T to further stop the plaintiff from taking possession of its aircraft to do its business which amounts to interference with the plaintiff’s business interest. The plaintiff said this has affected its business internationally, the contents of the letter and allegations speak for themselves,” she added.

Justice Dordzie then ruled: “I find the plaintiff entitled to its claim of damages for injury to its reputation as a result of the defendants’  acts, unlawful interference, and interest of 25% from July 3rd 2000 to the day of judgement”.