- That after the aforementioned facts, the applicant was not able to repay the loan to
the bank, since the goods got perished.
- That because of his inability to repay the loan, the bank has sued him in the court and
he was sentenced to pay the loan, so his two buildings are being put up for sale in The
Gambia to pay off the debt.
- That his company has completely collapsed;
- That his family, comprised of six children, was subjected to psychological torture, as
four of his children left school for lack of paying school fees,
- That the applicant has suddenly become hypertensive and has been hospitalized
constantly since this incident.
Therefore, from the prove presented, it was concluded that, after the recertification
result, which considered the merchandise unfit for human consumption, in 20th May
2016, the applicant decided to sell it to a Mr. Ogbonnaya Friday in Tanji Beach, The
Gambia, on May 23, 2016 at a feed of D3000 (three thousand Dalasis per box) totaling
D468,000.00 (four hundred and sixty-eight thousand Dalasis) for the 156 boxes, (See
Annex 23); That, in this way, he suffered pecuniary damages (emergent damages) in the
sum of D2,558,400.00 (two million, five hundred fifty-eight thousand, four hundred
dalasis) as a result of the difference between the cost of acquisition of the merchandise
and the sale price of the perished fish.
With regards to the non-material damage claimed, the applicant has not presented any
evidence.
It remains to be examined whether there is a causal link between the damage and the
unlawful act attributed to the defendant’s agents, that is, if the conduct of the
defendant’s agents was capable of producing deterioration in the goods carried by the
applicant, as he claims to be.
As it is proven by the factual basis, the applicant was carrying 156 boxes of smoked fish
in three lorries to Nigeria on a 30 days journey:
24