By Isatou Sarr
Justice Sonia Akinbiyi KJW of the Banjul High Court Annex has delivered judgment in a civil suit between Anu Kytomaki (applicant) and John Mendy (respondent).
According to the judgment, the matter was placed on the undefended list and the writ was marked accordingly. The defendant was duly served, and the proof of service was placed on file. The court noted that the proof of service authenticated service, yet the defendant failed to file an intention to defend within the five-day period allowed under Order 2, Rules 5 and 7 to 9.
Justice Sonia stated that the defendant’s failure to file an intention to defend, as mandated by law, amounted to a clear admission of the liquidated claim by the plaintiff in the writ.
Consequently, the court entered judgment for the plaintiff as per Claim One on the writ of summons in the sum of D737,648 (Seven Hundred and Thirty-Seven Thousand Six Hundred and Forty-Eight Dalasis). The amount represents the balance due and owed by the defendant to the plaintiff arising from a loan advanced by the plaintiff to the defendant.
“Cost of D5,000 is awarded as the cost of this action in favour of the plaintiff and against the defendant,” the judge said, citing Gamstar Insurance v. Musa Ngum GLR 2002–2008.
The plaintiff had claimed the sum of D737,648, being the balance owed by the defendant arising from a loan, along with costs and any further relief the court deemed fit.