Brusubi Magistrate Court, sitting in Bundung, has ordered S & J Properties Company Ltd. and its representative, Ali Sarge, to refund a total of D450,000 to plaintiff Lamine Thior following a failed land transaction. The sum includes D350,000 for the purchase, D50,000 in damages, and D50,000 in legal fees.
Delivering the judgment, Principal Magistrate P. Sowe found the defendants guilty of breaching their contract and failing to uphold their commitments to the court.
The dispute stemmed from a land purchase agreement dating back to December 2018. Thior entered into a contract with Ali Sarge, representing S & J Properties, to acquire a 20×20 meter plot in Babylon, designated as Plot 5, for D250,000. He made an initial payment of D20,000 and agreed to pay the remaining balance in monthly installments of D5,000 over 24 months.
According to court records, Thior paid a total of D188,000 toward the Babylon plot. However, in March 2023, the defendants informed him that the plot did not belong to S & J Properties but to another individual. As an alternative, they offered him a reallocated plot in Pacholli, increasing the total price to D350,000.
Thior proceeded with the new arrangement and completed the full payment for the Pacholli plot. However, upon inspection, he discovered that the plot was already fenced and had been allocated to another buyer by an S & J Properties employee named Dawda.
After repeated attempts to secure a refund failed, Thior, through his lawyer, Counsel H. Farage, filed a civil suit seeking reimbursement of his D350,000, along with damages and legal costs.
During the hearings, the defendants initially admitted liability and requested time to negotiate payment terms with Thior outside of court. However, they failed to appear on the adjourned date and did not communicate their absence.
Magistrate P. Sowe, citing Section 75 of the Evidence Act—which states that facts admitted need no further proof—delivered a judgment in favor of Thior. The court also referenced the case of Antony Banna vs. Ocean View Resort in support of its ruling.
“Given the fact that the defendant accepted liability on the last adjourned date and, having been extended the opportunity to discuss and agree on the mode of payment, failed to comply, I shall rely on the provision of Section 75 of the Evidence Act,” stated Magistrate P. Sowe in her judgment.
The court ordered the defendants to reimburse Thior D350,000 for the Pacholli plot, compensate him with D50,000 for breach of contract and the resulting inconvenience, cover D50,000 in legal fees, and pay D1,250 in court costs.
To enforce the ruling, court bailiffs visited the company’s premises and sealed off its offices in compliance with the court order. As of now, the business remains closed until the full amount is paid.