By Sainabou Sambou
The Kanifing Magistrate Court overseeing by the Principal Magistrate Isatou Janneh Njie has, Wednesday, 13th October, 2021, ordered four executive members of Bakau Nyokoboka Kafo to pay total sum of D20, 370.00 to Supersonicz Financial Company Limited for breach of contract.
According to the plaintiff’s (Supersonicz Financial Company Limited) claim, which the first defendant (Bakau Nyokoboka Kafo) is a group formed to do small businesses, and the second, third and fourth defendants are executive members whereby the first defendant applied for a credit facility from the plaintiff in the sum of D200,000.00 for 52 members on 28th November, 2019. The plaintiff granted the said facility to the 1st defendant members for a period of 6 months from the disbursement. The 2nd, 3rd defendants who are executive members of the defendant group signed an undertaking on behalf of members whom the credit facility was allocated to.
The defendants have failed to honor their obligation to the plaintiff regarding the credit facility and despite several demands for payment and visits from the staff of the plaintiff the defendants refused to make further payments with regards to the facility. While the outstanding balance due and owning by the 1st, 2nd, 3rd and 4th defendants is D13, 620.00.
Meanwhile, the plaintiff claims against the defendant jointly and severely included the recovery of the sum of D13, 620.00 being monies due owing to the plaintiff by the defendants; interest at the rate of 23% per annum from the date of filling this suit to date of judgment and thereafter 4% until final judgment. Plus, legal and administrative cost of D5, 000.00.
Delivering her judgment, Principal Magistrate Isatou Janneh Njie said upon the defendants at mission to liability to the defensive and claims, and upon confirmative claims by the complainant to payment. The court is hereby entered judgment as follows: Sum of D 9,620 as balance of money owing by the defenders to the complainant, interest in the sum of D20% from the date of filling to the date of judgment 4% until the payment is completed. And cost of D5000 as legal and administrative fee. The sum of D5000 as general damages for the breach of contract .The sum of D750 as cause of action, “I make no further orders she said.
