By Landing Ceesay
Honorable Justice Ebrima Jaiteh of the High Court of the Gambia has issued an order directing Eco Bank and Guaranty Trust Bank to provide Aisha Fatty’s bank statements.
This directive stems from a motion filed by Abdoulaye Thiam’s legal team, urging the court to compel Eco Bank and GT Bank to produce specific statements.
In their motion dated May 2, 2024, Thiam’s legal representatives requested the court to direct the Managing Director of Eco Bank Gambia Ltd to furnish statements of accounts belonging to Aisha Fatty (the 1st Defendant), specifically those associated with account numbers 624******* and 624******, currently under court attachment. Additionally, they sought similar orders for statements from Guaranty Trust Bank related to Fatty’s accounts.
This motion is substantiated by a 31-paragraph affidavit sworn by Amadou Leigh, a Clerk at Solie Law Chambers.
During the hearing on May 8, 2024, Abdoulaye Thiam’s Lead Counsel, Lamin A. Ceesay, informed the court that their motion relies on various paragraphs of the supporting affidavit, notably highlighting paragraphs 25, 28, and 29 for the court’s consideration.
Counsel Ceesay emphasized that the court had previously ordered the freezing of these accounts pending the resolution of the lawsuit.
“Despite receiving the money and the gold that the Plaintiff (Abdoulaye Thiam) had bought for the business, the Plaintiff received no returns from the 1st Defendant (Aisha Fatty) on his investment. The 1st Defendant has continued to withhold the Plaintiff’s funds and the gold given to her and has refused to return the same back to Plaintiff despite repeated demands.
“There is no doubt in the Plaintiff’s mind that the 1st Defendant’s actions are fraudulent in that everything she told Plaintiff about the proposed marriage and her intention and willingness to marry Plaintiff, and everything about the proposed business were falsehoods, only intended to lure the Plaintiff into parting with his money,” Counsel Ceesay argued.
Counsel Ceesay argued that Aisha Fatty holds two accounts, identified by account numbers 624********and 624******, with Eco Bank Gambia Limited. Additionally, he noted that Aisha Fatty has an account in her name with Guaranty Trust Bank, which was opened with the assistance of Abdoulaye Thiam.
Furthermore, Counsel Ceesay stated that Abdoulaye Thiam, the client, alleges that Aisha Fatty deposited all the funds she obtained “fraudulently” from him into her accounts.
He also contended that Aisha Fatty received a substantial sum from Abdoulaye Thiam, which she did not deny receiving, thus warranting scrutiny.
Counsel emphasized their belief that these funds were deposited into accounts held with Eco Bank and Guaranty Trust Bank.
“My lord, it is our submission that the accounts statements sought to be produced are relevant to the proceedings of this court. It will be in the best interest of justice to grant the orders sought to aid the Court to determine the issues in controversy in this matter,” Counsel Ceesay submitted.
Counsel Ceesay informed the court that they are in the receipt of the affidavit in supposition to their motion filed by Aisha Fatty’s legal team.
Counsel Ceesay argued that the affidavit in opposition contains mere denials. He said some of the averment join issue to the plaintiff case.
“This is why it is more than relevant at this stage of the proceeding to have these statements placed before the court exclusively, such that these joint issues could be resolved. The application before this honourable court is not prejudicial, and it could not be said that they (Defendants) were taken by surprise having been served with the notice to produce the said accounts on the 3rd of July 2023, And they chose to ignore it,” he argued.
Counsel Ceesay said the motion was brought pursuant to Order 20 Rule 10 of the High Court of the Gambia.
Counsel Ceesay further referred the court to Order 20, Rule 10 to determine the case.
“We believe it is reasonable for the court to make orders for these statements to be produced, and we also want the court to make orders to the Banks. My lord, we urge this honourable court in the circumstances of this case to grant the prayers sought,” Counsel Ceesay submitted.
In rebuttal to Counsel Ceesay’s arguments on behalf of Aisha Fatty, Counsel Kaddijatou Jallow apprised the court that they’ve submitted a 46-paragraph affidavit opposing the motion. She further stated that they’re standing by all statements made within the said affidavit. Moreover, Counsel K. Jallow specified that the opposing affidavit has been duly sworn by Catherine Fatty, a legal clerk at Dandimayo Law Chambers.
“We believed that it is not in the best interest of justice to grant this application, for the fact that it is a hot taste of the statement of claims of the plaintiff (Abdoulaye Thiam) which the 1st defendant (Aisha Fatty) have a joint issue with,” Counsel K. Jallow argued.
Counsel K. Jallow questioned the powers of the Managing Directors of Eco Bank and Guaranty Trust Bank to produce these statements.
“My lord, the issue is whether these Managing Directors have the powers to produce the Bank statements of the 1st defendant (Aisha Fatty), bearing in mind that this court has frozen the accounts of the 1st defendant pending the hearing and determination of this suit. This order was made on the 5th day of July 2023,” Counsel K. Jallow argued.
Counsel K. Jallow argued that the notice to produce was directed to the 1st defendant (Aisha Fatty) only.
She submitted that therefore Order 20, Rule 10 that Counsel Ceesay for the Plaintiff (Abdoulaye Thiam) relied on cannot be applicable in this circumstance.
“My lord, it is our submission that it is not in the best interest of justice to grant this application bearing in mind that this court has already attached the accounts of the 1st defendant (Aisha Fatty) with the respective Banks pending the hearing and determination of this matter,” she argued.
In delivering his ruling on the matter, Hon. Justice Jaiteh said the Bank statements of Aisha Fatty, are relevant to the suit.
Hon. Justice Jaiteh ruled that the averments of Aisha Fatty in her affidavit in opposition were just mere denials without any explanation as to why the application is prejudicial to her.
“The statements of the Bank accounts are relevant to this case. The 1st defendant (Aisha Fatty) did not explain how the application is prejudicial to her, rather she based her arguments on mere denials,” Hon. Justice Jaiteh ruled.
Hon. Justice Jaiteh ordered the Managing Directors of Eco Bank Gambia Limited, and Guaranty Trust Bank to produce Aisha Fatty’s Bank statements.
Hon. Justice Jaiteh then adjourned the case to the 12th of June 2024 for the continuation of the case.