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Court Awards Over D900,000 to Palm Beach Hotel

Senior Magistrate Abdoulie Mbackeh of the Kanifing Magistrates’ Court on 28th February, 2007, in his judgement, ordered Palm Holdings Ltd to pay D962, 607.24 to Palm Beach Hotel, which had earlier on sued the latter for owing it the said sum after it had paid to various persons and departments on behalf of the defendant, under a sublease executed in September, 2005.

In his judgement, Senior Magistrate Mbackeh told the court that the defendant had been absent for three sessions without informing the court the reason for its absence. In this regard, he said, the court was therefore obliged to give judgement in favour of the plaintiff for the sum of D962, 607.24 plus D1000 as costs, and interest at the rate of 15% until the whole debt is liquidated.

He said the court based its judgement on section 7 of the Subordinate Courts Civil Proceedings Act that deals with default of appearance as well as on the legal dictum that “equity aids the vigilant and not the indulgent.”

He further said that the plaintiff had shown keen interest in pursuing its claim by attending court sessions regularly whilst the defendant selected to stay away from court sessions and not to put up any defence.

Badou S.M. Conteh of Lord’s Chambers represented the plaintiff.