By Bruce Asemota
The High Court in Banjul, presided over by Justice Ebrima Jaiteh, has ordered Doha Travel Agency Limited to pay Fly Travel Limited one million and twenty-four thousand, three hundred and twenty –six dalasi owed from the sale of air tickets and further three hundred thousand dalasi as damages for breach of contract.
Delivering the judgment, Justice Jaiteh disclosed that Fly Travel Agency filed a writ of summons, statement of claim, affidavit statement and list of documents and Doha Travel Agency was served with the originating processes in the suit on the 16th July, 2019 with numerous hearing notices but failed to file a statement of defence and did not participate in the trial.
Justice Jaiteh disclosed that Fly Travel Agency”s lawyer, B. Secka filed and adopted their brief of arguments and during the trial, a list of documents filed by Fly Agency was admitted into evidence.
He said that the failure of Doha Travel to file a statement of defence, means the facts pleaded by Fly Travel Agency remained unrefuted and it implies an acceptance of facts of statements of claim of the plaintiff (Fly Travel Agency) which goes to show that Doha Travel Agency has no defence.
Justice Jaiteh disclosed that there was a contract between the two and there was cogent and compelling evidence that there was an offer and acceptance for the sale of air tickets.
He further disclosed that Fly Travel issued Doha Travel Agency 24 air tickets of Royal Air Maroc and SN Brussels.
Justice Jaiteh revealed that Fly Travel in their bid to recover the said sum took the cheques to the defendant’s banks and the said cheques were not honoured by the bank due to lack of funds in the defendant’s bank.
