IN THE HIGH COURT OF THE GAMBIA BEFORE HON. JUSTICE ...

IN THE HIGH COURT OF THE GAMBIABEFORE HON. JUSTICE B. V. P. MAHONEYNO.HC/032/05/CO/005/D1BETWEEN:PAP CHAM………..………………………..……….….. PLAINTIFFANDDAVID SARR………………................................... DEFENDANTANDRAMIZ DIAB GHANEM……………………………….. CLAIMANTFriday 20 th January 2012Parties - absentCounsel for Judgment Creditor – absentCounsel for Judgment Debtor - absentCounsel for Claimant - absentRULINGBy an Interpleader Summons filed on 13 th December 2011, the Claimant seeks adeclaration that the property seized under the process of the Court should bedeclared and adjudged to be in the possession of the Claimant.The Summons is supported by an 11 paragraph Affidavit and exhibiting theretothe Sheriff’s document of attachment, a lease between one Paul Jarju and theJudgment Debtor, a sub-lease between the Judgment Debtor and the Claimant,a Business Registration of the Claimant, among other documents.When the Summons first came up for hearing on the 22 nd December 2011, theJudgment Creditor had not filed any Affidavit in opposition. He asked for time todo so.The Court however, being satisfied that there was a prima-facie case for therelease of the property from attachment on the grounds that the property doesnot belong to the Judgment Debtor and further that the Claimant has a sub-leaseover the property, ordered the interim release of the property from attachmentso that the Claimant can carry on business on the said property.

The matter was adjourned to today for hearing of the Interpleader summons.None of the parties nor their Counsel have appeared and in light of my previousRuling on 22 nd December 2011 asking the Judgment Creditor on what basis heexpects the property to remain attached and why it should not be released, andthe fact that he has not filed any affidavit in opposition nor even come to objectto the summons, I hereby order that the property attached in this suit situated inKololi which title belongs to one Paul Jarju and which is leased to the JudgmentDebtor and further sub-leased to the Claimant, as being in the possession of theClaimant RAMIZ DIAB GHANEM and that it be released from attachment.………………………………….JUSTICE B.V.P. MAHONEYJUDGEISSUED AT BANJUL UNDER THE SEAL OF THE COURT AND THE HANDOF THE PRESIDING JUDGE THIS 20 TH DAY OF JANUARY 2012.………………………………REGISTRAR