By Adama Makasuba
The civil case between Gambian socialite Aisha Fatty and Senegalese business tycoon Abdoulaye Thiam has resumed before Justice Ebrima Jaiteh at the High Court in Banjul.
Counsel Lamin A. Ceesay informed the court that they had noticed the defense counsel to produce the original receipts of a payment made to her in 150,000 euros.
He added that these are the last documents on the Plaintiff’s list of documents they intended to rely on: payment receipts of 100,000 and 50,000 euros, respectively, and signed by the first defendant (Aisha Fatty).
The defense Counsel, LS Camara, objected that the Plaintiff’s lawyer should not say that his client signed the documents. He said the original copies of the documents should be in the possession of United Exchange Bureau Limited and not Aisha Fatty.
He further argued that according to the Evidence Act, such documents should be in the possession or power of the person on whom the notice was served, and in this case, that was not the case.
Counsel Camara agreed to have received the notice to produce the original copies of the receipt, but he said the law requires a person upon whom a notice is served to produce those documents for trial.
However, he said the notice to produce filed on the 3rd of July 2023 does not specify under which they are coming. “The law requires that the document sought to be produced in possession or power against whom it is sought to be tendered while citing section 102 of the Evidence Act”, Counsel cited.
