High court judge Justice Oledi Uko Oduma has ordered Khadijah Kebbeh to pay over D4m to UK-based Gambian businessman Laggie Gumaneh.
Laggie Gumaneh took Khadijah Kebbeh, Muhammed Kebbeh and his company-African International Trading to court for recovery of D4,468,800.
The money was a payment for four containers of 5,320,20 litre jerry cans of Fleure vegetable cooking oil but the items were never delivered.
Meanwhile, aside his suit for the recovery of his money, Mr. Gumaneh also requested D446,880.00 legal and administrative costs. Read more
According to him, he contracted Mr. Kebbeh for the purchase of the aforementioned items and was instructed by him (Kebbeh) to deposit the money into Khadijah’s account at the GTBank.
Consequently, Gumaneh’s attorney Moses Richards filed a suit on 9 December 2021, holding the defendants equally responsible for the failed transaction.
But Khadijah Kebbeh’s attorney Sheriff Tambadou told the court that his client has deposed in her affidavit that she did not know Mr. Gumaneh and had expressed doubt if he knew her.
Counsel Tambadou submitted that his client has admitted the money was indeed paid into her account but had explained the circumstances under which it was done.
The defense counsel said the UK-based Gambian businessman has not exhibited any document to suggest that he has a contract with Khadijah Kebbeh or anybody else.
Tambadou contended that the payment of the money into Khadijah’s account did not establish a contract for the sale and supply of oil.
He urged the court to hold that Khadijah has a good defense to the plaintiff’s claim.
However Gumaneh’s lawyer, Moses Richards, urged the court to disregard the argument of Khadijah’s lawyer and hold that she has no defence.
He argued that even if Khadijah did not know Gumaneh or otherwise, she has though admitted that his money was paid into her account.
Counsel Richards argued that Khadijah Kebbeh was privy to the contract.
RULING
In his ruling Justice Uduma said the fact that the 3rd Defendant admitted that the money was sent into her account it is well established that she is privy to the contract and dealings of the parties. Justice Uduma stated that the 3rd Defendant is a constructive Trustee in dealing of 1st and 2nd defendant with the plaintiff.
“The money was paid into her account and she acknowledged and admitted it, except that it was not for her benefits as she stated. Having order 2 rule 9 of the High Court in mind, this court is convinced that the 3rd defendant has no defence to this suit jointly or severally. Therefore, the court will enter judgment in favour of the plaintiff,” he said.
The Judge subsequently ruled that the 3rd defendant is liable and shall pay back to the plaintiff the sum of D4,468, 800 for the consideration which failed, D446, 880.00 being legal and administrative expenses incurred in recovering the debt and D20, 000 general cost. The Sheriff Division has reportedly closed Khadijah Kebbeh’s Colossal Fashion Shop located at Kairaba Avenue as part of measures to recover the money.
Meanwhile, in January, GACH Global Trading Company Limited sued Khadijah Kebbeh and Saihou Drammeh, the managing director of Gam-Petroleum for allegedly defrauding the company of over D58, 961, 150.
Both Saihou Drammeh and Kaddijah Kebbeh were arrested in November and released in connection with a scandal at the country’s major fuel depot.
