By Aisha Tamba
Justice Osei Tutu of the Kanifing High Court, last week ordered Gacem Company Limited to pay one Mohammed Sillah two million four hundred thousand dalasis, money he claimed he paid for bags of cement that were not delivered.
According to the facts of the case, Mohammed Sillah claimed he paid the sum of D2,400.00 to the sales and marketing manager of Gacem for the supply of 9,890 bags of cement. When the cement was not delivered, he instituted legal action against the company.
He also included a third entity in the case, Guaranty Trust Bank which had a teller at the premises of Gacem who used to collect monies from customers buying cement from Gacem and deposited it into its accounts with them.
Gacem company claimed it did not owe Mohammed any money because the money he mentioned was not deposited into its accounts. Guaranty Trust Bank also claimed that no money was paid to its teller at Gacem’s premises by either the complainant or the sales and marketing manager at Gacem on his behalf.
Both Muhammed and Guaranty Trust Bank called two witnesses apiece, while Gacem called only one witness.
In his ruling, Justice Osei Tutu said the complaining businessman has been able to make out a strong case against Gacem and its sales manager that he made payment of the sum of D2,400,000 to the former through the latter. But the judge said he is not sure that his claim against Guaranty Trust Bank is strong and therefore he dismissed that.
Accordingly, Justice Osei Tutu declared that the businessman recovers from the Gacem and its sale manager jointly and severally the sum of D2,400,000.00 for 9,850 bags of cement he paid for and interest on the sum adjudged to be paid to the businessman at the rate of 25% from the 3rd day of August 2019 until date of judgment and thereafter 4% until the final payment of the sum adjudged.
He also awarded a cost of D200,000.00 to the complaining businessman against Gacem and its employee.
But the judge also ordered the businessman to pay a cost of D100,000 to Guaranty Trust Bank.
