10 December 2012

Gambia: Lamin Sillah Sues Oceanic Bank

On Thursday, December 6 at the Banjul High Court, a high profile case was mentioned before Justice Ikpala. The case involves Mr Lamin Sillah, a young Gambian who has sued the Oceanic Bank Gambia Limited.

The first defendant in the matter is Oceanic Bank Gambia Ltd,

second defendant is Ebrima Sanyang (aka Pa Ebou) and the third defendant is Sheriff of the High Court of the Gambia. Lamin Sillah had taken a loan from the bank

Mr Sillah, the proprietor of Chosan Bar and Restaurant at the Senegambia area in Kololi was offered a banking facility of D5,000,000 by the Oceanic Bank which soon went into liquidation. A dispute arose regarding the repayment of the loan. Mr Sillah and his company were sued and judgment was entered for his restaurant to be auctioned.

Subsequent to this he proceeded to seek an order from the court setting aside the judgment ordering the auction for lack of jurisdiction; a declaration that the sale of Mr Sillah's restaurant by the Sheriff of the High Court to Ebrima Sanyang (second defendant) is a wrongful deprivation of Mr Sillah of his property, unconstitutional, null and void. Mr Sillah is therefore asking for the court to set aside the purported sale of the restaurant award damages for "the wrongful closure of the plaintiff's business premises..."

When the case was called at the high court, the plaintiff Lamin Sillah was present in court and the representatives of the first defendant was also seen in court. Mrs. A.A. Ceesay held brief for L. Farage the counsel for the plaintiff. CE Mene announced his presence for the first defendant and was quick to tell the court that the other defendants have not been served yet.

Justice Ikpala at this stage asked CE Mene why the other defendants are not served while they are appearing before him.

At this stage, the judge said he wants to check his records and see who is served and who is not. CE Mene said this case was once prosecuted and told the court that the first defendant is a company.

AA Ceesay who held brief for L. Farage also stood and informed the court that service should be effected to the defendants. She said she is not familiar with the case and that they need to advice themselves (the two counsels) on the matter.

At this stage, Justice Ikpala stated that there is no proof in his records that the other defendants were served. He ruled that the other defendants should be served and subsequently adjourned the case till January 10, 2013.

Copyright © 2012 FOROYAA Newspaper. All rights reserved. Distributed by AllAfrica Global Media (allAfrica.com). To contact the copyright holder directly for corrections — or for permission to republish or make other authorized use of this material, click here.

AllAfrica publishes around 2,000 reports a day from more than 130 news organizations and over 200 other institutions and individuals, representing a diversity of positions on every topic. We publish news and views ranging from vigorous opponents of governments to government publications and spokespersons. Publishers named above each report are responsible for their own content, which AllAfrica does not have the legal right to edit or correct.

Articles and commentaries that identify allAfrica.com as the publisher are produced or commissioned by AllAfrica. To address comments or complaints, please Contact us.