By Isatou Sarr
The Banjul High Court Annex on Monday adopted the terms of a settlement agreement as the judgment of the court in a civil appeal involving Fatou M. Foon and Modou Faal over a disputed motor vehicle repair contract.
Delivering judgment, Justice Sonia Akinbiyi stated that both parties and their legal representatives had agreed to the consent terms and urged the court to adopt the settlement as its final judgment.
The dispute arose over a Golf Type 3 motor vehicle, registration number WRC 9604B, owned by the appellant, Fatou M. Foon, which was handed over to the respondent, a mechanic, for repairs after developing mechanical faults.
According to court records, the respondent allegedly agreed to repair the engine for D8,000, an amount paid by the appellant. The appellant, however, claimed that the vehicle was not repaired and was further damaged while in the respondent’s custody.
The appellant subsequently filed a suit at the Banjul Magistrates’ Court seeking D165,000, representing the value of the vehicle and related expenses. Judgment was delivered on 30 January 2025, but the appellant, dissatisfied with the ruling, appealed to the High Court.
Justice Akinbiyi told the court that the parties had reached an amicable settlement during the appeal process.
Under the agreement, the respondent is to pay the appellant D173,000 in full and final settlement of the claim. The amount will be paid in five equal monthly installments of D34,600 each.
The first instalment is scheduled for 31 March 2026, with subsequent payments to be made monthly until the full amount is settled. All payments are to be made through the appellant’s solicitors.
The agreement further provides that the appellant shall hand over possession of the vehicle upon execution of the settlement terms but shall retain ownership until full payment is completed.
It also stipulates that failure to pay any installment when due will render the entire outstanding balance immediately payable, with the appellant entitled to enforce the judgment and seek execution for recovery.
The court ruled that the consent agreement be entered as the final judgment in the appeal and formally adopted the terms accordingly.
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