In view of the documentary evidence provided, it resulted proved only that:
- On March 18, 2016, the applicant departed on a exportation of 156 boxes of smoked
fish to Nigeria in 3 trucks.
- When the applicant arrived at the BADIARA border post he discovered that the
defendant had closed its borders with The Gambia and refused the entry and passage
of Gambian citizens through its country.
- The applicant's lorries remained for seven hours at the Bandiara border post;
- For the issuing of the three food safety and quality control certificates dated 17 March
2016 issued by the Gambian entities, the applicant paid the sums of D1.000.00, D750.00,
D750.00 (see Annexes 6 to 8, respectively)
- On 20th May 2016, the applicant, in accordance with the Gambian law, delivered the
fish to the Ministry of Health of The Gambia for recertification but was certified
unsuitable for human consumption due to excessive exposure to direct sunlight. (See
Annex 15)
- The applicant sold the fish to a Mr. Ogbonnaya Friday at Tanji Beach in The Gambia on
23rd May 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).
- The cost of buying a fish box from his supplier was D19,400 and D3,026,400.00 (three
million, twenty-six thousand, four hundred) only for 156 boxes. (See Annex 18)
-The applicant paid fees to the lawyers, to initiate this action in the amount of 5,000,000
Naira (See Annex 19)
It was not proved:
- That the applicant waited at that frontier for days, and the days became weeks and
months (63 days), believing that the border closure was temporary, until May 20, 2016,
when he decided to turn around and return to The Gambia.
- That the applicant claims that the money he used for this transaction was a 25%
interest loan granted to him by the SKYE BANK based in the Republic of The Gambia.
23