That while making efforts to convince the Senegalese police of the perishable nature of
his merchandise, he found that the defendant's police were allowing the passage of
persons and goods from selected countries. A Mercedes branded truck with registration
number RGB 4269 CF, Guine-Bissau was authorized to cross border by the defendant.
- 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, having waited in vain. Under
normal conditions, it takes 30 days to complete the business trip to Nigeria.
The applicant spent his money feeding his three drivers, workers, his helpers and also
paid for his and their treatments for scorpion bites, had to find a way to mitigate the
losses caused by the defendant by selling the fish in the Gambia.
On 20 May 2016, the applicant, in accordance with the Gambian law, delivered the fish
to the Ministry of Health of The Gambia for recertification, but unfortunately they were
declared unsuitable for human consumption because of excessive exposure to direct
sunlight resulting from the refusal access to entry by the defendant.
That in order to mitigate his losses, the applicant immediately sold the fish to a Mr
Ogbonnaya Friday at Tanji Beach in The Gambia on 23 May 2016 at the price of D3000
(three thousand Dalasis per carton), totaling D468,000.00 (four hundred and sixty-eight
thousand Dalasis) for the 156 boxes, which is equivalent to $10,636.00 at the exchange
rate of D44 to 1USD.
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.
That the cost of transportation, transit and feeding is as follows:
a. Each driver was entitled and was paid $1500 per month and if the $1500 be split into
30 days, it gives $50 per day and if multiplied by 63 days, it gives a sum of $3150 for each
driver. The applicant had three trucks and therefore paid $9450 for 3 drivers.
b. Each worker was entitled and paid $800 per month and if divided the $800 by 30 days,
it is a value of $27 per day and if multiplied by 63 days, it gives a sum of $1680 for each
helper. The applicant had 3 trucks and therefore paid $5040 for 3 helpers.
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