Plaintiff Testifies in M.A. Kharafi & Sons’, Palm Real Estate Case

Thursday, February 7, 2008

The case against M.A. Kharafi & Sons and Palm Real Estate Agency continued yesterday before Senior Magistrate Mbackeh of the Kanifing Magistrates’ Court. The plaintiff, Bella Renner, has sued the first and second defendants, M.A. Kharafi & Sons’ and Palm Real Estate for breach of contract.

In her testimony the plaintiff told the court that she had entered into a contract with the first defendant to let out her property to the second defendant whose employees ipso facto occupied the property.

She claimed that during the second defendant’s habitation of the property, her security guard could not perform his duties as provided for in the contract. She indicated that her security guard was not allowed to enter the house. She further adduced that when her security guard attempted to alert the occupants on the arrival of a visitor, they would not answer and he could not even tend the flowers as he did not have the co-operation of the occupants.

She added that there was no notice given to her and that she did not have cause to write to the occupants prior to the expiry of the contract.

She further disclosed that she later on wrote to the occupants through her counsel, adding that a scheduled meeting between her and the defendants to trash out the matter failed to materialise.

She went on to say that after several phone calls by her counsel to the tenants they agreed to meet her at the premises where her counsel, herself and another tenant were present.

She stated that the first defendant and their agent refused to attend the meeting. She testified that she seized the opportunity to take inventory of items and damage done to them, noting that this was brought to the attention of the defendants.

She said that the damaged items were never replaced, nor were they repaired and that she does not have access to her property. The case was there and then adjourned to 14th February 2008 for continuation. 

Author: By Dawda Faye
Source: The Point