The exparte motioned claim was filed by the the defendant for failing to settle an outstanding balance of four hundred and twenty five thousand dalasi (D425, 000.00) as per agreed between the two of them and also for wrong paste of number plate in the said car.
When the case was mentioned before the Principal Magistrate M. Krubally, he ordered for immediate arrest of the respondent’s vehicle marked: Range Rover with the registration number BJL 9259 and a chassi number of 542996.
The car is now under the custodial legist/ custody of the court or any other safe place deemed fit pending the determination of the Applicant claim.
In his ruling Principal Magistrate M. Krubally carefully looked at the Exparte motion filed by the applicant Mr. Bah and said: “Having perused the prayers of the applicant herein referred to as Alhagie Samba Bah on his Exparte motion with the supporting affidavit thereto together with additional supporting documents such as, agreement between the applicant herein Alhagie Samba Bah and Alasan Gent Ceesay, certificate of transfer of vehicle ownership from Mourtaila Secka to Alhagie Samba Bah, a receipt of payment of number plate from GRA , receipt of payment of 1.3 million dalasis, vehicle registration from licence department and a bill of lading in the name Mourtalia Secka, “I am indeed satisfied that the motion Exparte filed by the Applicant is worthy to be granted by this court thereof in order to maintain the status quo of the vehicle.
In light of the foregoing facts stated in the affidavit in support of the motion Exparte as well as the supporting documents thereto, “I hereby grant the said application and hold as follows; 3; that , pursuant to section7) of Sheriff and civil processes Act, “I hereby order the honourable sheriff or Bailiff to immediately arrest the respondents vehicle mark land Rover with the registration number BJL 9259 and a chassis number of 542966 and impound same under the custodial legist of this honourable court or any other safe place as the deem it pending the determination of the Applicant claim.”