By Isatou Sarr
The Banjul High Court Annex on Tuesday awarded $10,500 to Elise Makomme in a civil case against Lamin Secka over a disputed land sale agreement in Sanyang.
Delivering judgment, Justice Sonia Akinbiyi K.J.W. ruled in favour of the plaintiff, who sought the recovery of funds paid for the purchase of plots of land under an alleged agreement that did not materialise.
Court documents show that Makomme, through her counsel Lamin Drammeh, filed a claim for $10,500, representing monies paid toward the land transaction. She also sought general damages, special damages amounting to $5,280, legal administrative fees of $2,500, and other reliefs deemed appropriate by the court.
The plaintiff’s case was supported by a 15-paragraph affidavit deposed to by David Achigbue, Esq. Court records indicate that the defendant was duly served with hearing notices but failed to enter appearance, file a defence, or contest the suit.
In her ruling, Justice Akinbiyi held that unchallenged evidence is deemed admitted in law and may be relied upon by the court in reaching its decision. She cited legal authorities, including Ezechukwu & Anor v. I.O. Onwuka (2016) and NPC Pension Ltd v. Vita Construction Ltd (2016), in support of the principle.
“The law is settled that where evidence presented by a party is not contested, the court is entitled to act on it,” the judge stated.
She further held that the defendant’s failure to respond amounted to an admission of the plaintiff’s claims.
Accordingly, the court entered judgment in favour of Makomme and awarded $10,500 as the principal sum, GMD 5,000 in general damages, $5,280 in special damages, $1,000 in legal costs, and GMD 2,500 in additional costs, all payable by the defendant.
