A writ from the Fast Track Commercial and Administrative Court signed former Chief Justice of Sierra Leone, Mr. Justice Desmond Babatunde Edwards had ordered Abdul Kadiru Kaikai of No. 2 Christian Palace Drive, Adonkia, Goderich in Freetown to pay a sum of USD 74,000 to Plaintiff, Gbassay Kargbo, in respect of two vehicles in entered agreement into to purchase from the said Plaintiff way back between 2016 and 2018.
The Plaintiff’s claims against the Defendant include the following reliefs: immediate recovery of the sum of USD 74, 000 being sum due and owing to the Plaintiff, Interest on the above sum pursuant to Section 4 of the Law Reform (Miscellaneous Provisions) Act Cap 19 of the Laws of Sierra Leone 1960; General damages for breach of contract, and any further or other relief(s) that the Honourable Court may deem fit and just and cost.
Kadiru Kaikai was at the time of the ruling, commanded within fourteen days of service of the Writ on him, to cause an appearance to be entered on his behalf in the High Court in an action at the Suit of the Plaintiff, Gbassay Kargbo. This has reportedly not been complied with.
According to records from the Court, between 2016 and 2018, the Plaintiff, Gbassay Kargbo was approached by the Defendant, Abdul Kadiru Kaikai for the purchase of one BMW 705i Car with registration number AOL 900 and a Range Rover Sport 2015. The records revealed that it was agreed that the Defendant would pay the sum of USD 20, 000 (Twenty Thousand US Dollars) for the BMW Car and USD 60, 000 (Sixty Thousand US Dollars) for the Range Rover Sport 2015, respectively. The Court records maintain that, pursuant to the agreement, in December 2021, the Defendant made a deposit of USD 6, 000 (Six Thousand US Dollars) to the Plaintiff for both vehicles, leaving a balance of USD 74, 000 (Seventy-Four Thousand US Dollars). The Defendant agreed that the balance would be paid in installments of USD 5, 000 (Five Thousand US Dollars) monthly.
However, the Defendant, Abdul Kadiru Kaikai reportedly breached the agreement, by failing to pay the outstanding sum as agreed.
The Plaintiff is reported to engaged the services of a Solicitor, who reportedly prevailed on the Defendant to pay the outstanding sum, Reportedly, on 17th August 2023, Abdul Kadiru Kaikai through the said Solicitor, signed an agreement agreeing to pay the sum of USD 5, 000 (Five Thousand US Dollars) by the end of August 2023 and then to pay the sum of USD 3, 000 (Three Thousand US Dollars) at the end of September, 2023, and then to pay the remaining sum on the instalment of USD 3, 000 (Three Thousand US Dollars) per month. Mr. Kaikai is also reported to have agreed that should he fail to pay as and when agreed, the Plaintiff should take legal action against him for breach of contract and recovery of the sum owed.
However, the Defendant again reportedly failed and neglected to honor the terms of the agreement and pay the sum. The Plaintiff has since reportedly made several efforts to get the Defendant to comply but he has reportedly refused to comply.
Conversely, the Plaintiff has averred that as a result of the Defendant’s conduct, he has suffered severe financial distress and his business activities have been disrupted.
Meanwhile, action by Mr. Kaikai not to comply with what he unconditionally agreed to has been attributed to his high connectedness to the power-that-be given his popularity and well-placed influence within and around the current Government and the Sierra Leone Peoples Party (SLPP).
This ruling has since brought to light the workability of separation of powers with the Judiciary ruling on some matter and the Executive apparently manipulating its implementation. It is therefore bubbling huge disgruntlement especially within the business class because they are not seeing justice being dispensed on the basis of equity especially when a party of a business matter before the courts is well placed within the ruling SLPP that is heading the Government and every sphere of the Executive, Legislative and Judicial Arms of Government that are according to the principles of Separation of Powers should seeing and working independently from each other. This ruling by the erstwhile Chief Justice of the Judicature of the Republic of Sierra Leone must have done in fairness to the evidence brought before him. The verdict therefore underscored the importance of honoring agreements in business to avert any possible consequence(s) that may follow. Compliance with business agreements and or the full application of the rule of law in a case of negligence in a business transaction are sure to consolidate both local and international trusts in the business ecosystem of the country. What appears to be unfolding in this glaring failure to comply to pay for goods received and used by Mr. Kaikai is a sure thing with a potential to frighten trust in business sector for ordinary citizens.
The case underscores critical issues surrounding contractual obligations and business ethics. It highlights the judicial system’s role in enforcing agreements and the severe consequences of failing to uphold one’s commitments. This judgment serves as a stark reminder of the importance of honoring contracts, particularly in business dealings where trust and reliability are paramount.
The court’s verdict serves as a critical reminder that business dealings require both integrity and accountability. The case illustrates how serious breaches can damage not just financial interests but also professional reputations, making adherence to agreements essential for maintaining trust and business viability.
Abdul Kadiru Kaikai must comply with the court’s order to pay the USD 74, 000 is a crucial step in rectifying the harm caused to Gbassay Kargbo. This case emphasizes the judiciary’s commitment to upholding business ethics and ensuring that justice prevails, even against influential figures.