In a case initiated by Sarjo Saine, who operates as Kono Construction, Justice Ebrima Jaiteh has rendered a judgment against the Gambia Armed Forces (GAF).
The judgment was rendered on Wednesday, July 31, 2024. The individual is requesting that the General Accounting Office (GAF) reimburse him for the outstanding sum of over 6 million Dalasi that the military owed him for the services he rendered.
Sarjo Saine filed a lawsuit against the Gambia Army Force (GAF) in order to recover the invoice value of five million, seven hundred, thirteen thousand, and twenty-five thousand Dalasi (D5,713,025), which represents the amount of money owed by the army for the removal of cesspit pools at various Army Barracks in The Gambia. An underground reservoir for liquid refuse, such as household sewage, is known as a cesspool. It is comparable to septic tanks; however, it lacks a soakaway, necessitating removing when it is full.
Sarjo Saine also requested D500,000 in legal and administrative fees, interest at a rate of 33% from 2014 until the ultimate liquidation date, and costs.
According to Senior Lawyer Edward Gomez, the Plaintiff has satisfactorily established his case on the balance of probabilities, as indicated by the court records and all documentary and material evidence. Counsel Gomez contended that the Defendant (GAF) has implicitly acknowledged their obligation to Sarjo Saine through their conduct. The Plaintiff’s attorney requested that this court render judgment in favor of the Plaintiff (Sarjo). The Judge reiterated that the Defendant (GAF) and its counsel did not completely participate in this trial, which is a clear indication that the Defendant has no defense.
“In the event that a party (Defendant) did not participate in a proceeding or provide no evidence in their defense, as was the case in question, the evidence presented to the court would be preponderantly in favor of the Plaintiff and there would be no countervailing evidence.”
Sarjo’s statement of case is captured here as: “The Defendant (GAF) contacted me again to empty cesspit pools in various Barracks within the country; That upon completion of work done, I do submit delivery note and to confirm work done to the Army personnel on the ground to sign and attest to the completion of work done; that invoice of any work done would be prepared and sent to the Chief Clerk for a departmental memo to be raised for onward transmission to the Chief of Defence Staff for payment; Based on this arrangement a pattern contract was established that the Defendant do contact me to empty cesspit pools from time to time at various Army Barracks within the country, after which invoices will be sent and paid for; That in the course of my work for the Defendant, the unpaid sum of the job done is discovered to have piled up over time; That on the 23rd of June 2019, I wrote a letter to the Chief of Defence Staff requesting for outstanding payments for emptying cesspit pools from various Army Barracks in The Gambia; That on the 20th day of October 2020, I caused my counsel to write to the Defendant demanding the outstanding payment of Four Million, Two Hundred and Thirty-One Thousand ,Four Hundred and Fifty-Three Dalasi being the outstanding payment discovered as at that time; That the Ministry of Defence invited me to a meeting vide a letter dated the 17th day of November 2020, at the Ministry of Defence scheduled for the 23rd day of November 2020 to discuss the issue; That on the 23rd of November 2020, I attended the meeting, but the Defendant failed to turn up for the meeting; That on the 10h day of December 2020, I wrote to the Defendant informing them about their absence in the meeting and also suggesting that the matter has been pending for too long and it will be fair to make arrangements for immediate payment of the debt by the Defendant; That in the course of my various visit to the Army Headquarters, I tendered the statements of account showing the outstanding sums that remains unpaid by the Defendant, but nothing was forthcoming; and that I have gathered all the unpaid invoices and same now amounting to D5, 713, 025.00 (Five Million Seven Hundred and Thirteen Thousand and Twenty-Five Dalasi); that in order to recover the outstanding sum, I sought the service of a legal practitioner, making me to incur unplanned expenses; and that the inability of Defendant to pay for services rendered by me has caused hardship and loss in the cause of my business.”
According to Justice Jaiteh, the Gambia Armed Forces did not contest Sarjo Saine’s testimony.
“I hereby enter judgment in favor of the Plaintiff against the Defendant based on the aforementioned reasoning and after considering the entirety of the evidence on a balance of probabilities,” Justice Jaiteh stated.
He directed the Gambia Armed Forces to pay Sarjo Saine the sum of Five Million, Seven Hundred and Thirteen Thousand and Twenty-Five Dalasi, which is the invoice value of the monies owed by the Defendant to the Plaintiff for the draining of cesspit pools from various Army Barracks in The Gambia. He also directed GAF to reimburse Sarjo the Plaintiff for the legal and administrative fees that were incurred during the prosecution of this lawsuit, which totaled five hundred thousand Dalasi. He directed the payment of interest at a rate of 10% from 2014 until the final liquidation of the judgment sum. Sarjo is granted a statutory interest rate of 4% against GAF from the date of judgment until the final liquidation of the judgment sum. At the Court’s discretion, he granted Sarjo Saine one hundred thousand Dalasi (D100,000).