By Bruce Asemota
The trial of Gambian socialite Aisha Fatty and his jilted Senegalese fiancé, Abdoulaye Thiam, proceeded at the high court in Banjul yesterday with Mr Thiam tendering documents in support of his claim.
Barrister Lamin Ceesay and Kebba Sanyang, lawyers for Thiam, tendered documents relating to the purchase of vehicles and a Fajara Waterfront villa.
Ceesay told the court that his client had earlier filed a list of documents including witness statements and that they intend to call Gibril Faye, Bocar Dia, Amadou Muctarr Jallow, Kudus Jallow, Modou Lamin Bah and Yankuba Jallow as witnesses among others.
Ms Fatty’s lawyer, Lamin Camara, opposed the tendering of the vehicles documents contending they were photocopies.
However, Ceesay said they were the original copies of the purchase.
Justice Jaiteh stated that the court does not have the expertise to diffentiate the original copy from the photocopies and would “consider the documents for what they are”.
The judge emphasised that the law has progressed as to the admissibility of documents, stating that relevancy is what governs admissibility of documents.
Justice Jaiteh said at paragraph 14 of her statement of defence, Aisha Fatty admitted that Abdoulaye Thiam bought the said vehicles.
Justice Jaiteh declared that “what is admitted need not be proved” and admitted the documents relating to the purchase of the vehicles into evidence and they were marked as Exhibit P6, A-F.
Motion to attach bank accounts upheld
Meanwhile, Justice Jaiteh earlier upheld the motion filed by Thiam to attach banks accounts in the name of Aisha Fatty at Ecobank and other commercial banks in The Gambia pending the hearing and determination of the suit.
The court also ordered that Mercedes Benz GLE 63 Brabus with registration number BJL 0999W remain in the custody of the Inspector General of Police.
The judge declared that Thiam’s motion has merit and the court has the inherent power to issue an interim or interlocutory injunction to protect or preserve the status quo pending the determination of the substantive suit.
He said it would be in the interest of justice to order that the bank accounts be attached as well as all other accounts in the name of Aisha Fatty with all commercial banks in The Gambia pending the hearing and determination of the suit, otherwise she could dissipate the monies therein in anticipation of the judgment against her.
Justice Jaiteh declared that considering the balance of convenience and the competing rights of the parties, it would cause Thiam an injustice if Ms Fatty is not restrained from using the banks facility and the vehicle pending the determination of the suit.