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toubab1020
12314 Posts |
 Posted - 21 Dec 2009 : 23:09:39
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I think that this was very careless,OK we all know that theft is bad.
but can the hotel be held responsible ?
http://thepoint.gm/africa/gambia/article/jerma-beach-hotel-in-legal-tussle
Friday, 18 December 2009
Jerma Beach Hotel has been dragged to Kanifing Magistrates' Court, presided over by Magistrate B.O. Jobe by the plaintiff, one Sheikh Ebra Fall.
The plaintiff, Shiekh Ebra Fall is claiming the sum of D226, 000 and the court's cost from the hotel.
According to the particulars of claim, the plaintiff Mr. Fall while a guest at the said hotel had his room broken into at 10:00pm.
The claim added that the sum claim above was stolen and other personal documents and mobile phones.
It further stated that the matter was reported to the relevant authorities and the plaintiff's lawyer also wrote a letter to the defendant, but all efforts were seemingly fruitless.
The defendant's lawyer denied the claim.
Author: Isatou Senghore
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"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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kayjatta
2978 Posts |
Posted - 22 Dec 2009 : 07:01:34
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| I don't think there is strict liability here, and so the hotel cannot be responsible yet. You have to look at the details, I guess... |
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kayjatta
2978 Posts |
Posted - 22 Dec 2009 : 08:32:08
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If the guest's (plaintiff, Sheikh Ebra Fall) doorlock was defective, and that was the cause of someone's forceful entry and stealing of Mr. Fall's money;
Or if the forced entry and stealing was carried out by a hotel employee;
Or the hotel and its employees negligently provided the thief (burgler) with information like Mr. Fall's room number that facilitated the breaking in and stealing;
Or the hotel and its employees negligently provided items such as key cards to Mr. Fall's room that facilitated the break in and stealing
Or any other scenario or combination of scenarios that constitute negligence by the hotel and its employees that proximately resulted in the breaking in and stealing of Mr. Fall's money;
Then, I would think the courts could find judgment for the plaintiff, Mr. Fall and he could be entitled to compensation by the hotel. However, unless such negligence by the hotel could be established, any judgment for the plaintiff, Mr. Fall would set a bad precedent where any guest in any hotel could claim a loss of valuable items and recover compensation from the lodging hotel. This will literally bankrupt the hospitality industry in the Gambia.
It is common that hotels do have a 'lost and found' program where lost items are often turned over to be returned to their rightful owners if claimed, but these does not give any guest the right to compensation by the hotel.
Hotels also often have 'safety deposit boxes' similar to what banks have, where guests can store their valuable items safely.
Some hotels also advise all guests of their "no party liability" policy, that the hotel is not responsible for guest's personal losses or injuries that are not proximately or actually caused by the negligence of the hotel.
Pending the outcome of the investigations by the police and both the plaintiff and defendant's attorneys, I have a strong feeling that the hotel is not liable for Mr. Fall's loss.
NOTE: Kayjatta is not an attorney and has no legal qualification or any knowledge of Gambian law. Anything he said here is just an opinion and does not constitute legal advice. |
Edited by - kayjatta on 22 Dec 2009 08:43:03 |
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toubab1020
12314 Posts |
Posted - 22 Dec 2009 : 10:25:15
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Thought that you could not resist this one Kay  
And always remember:
NOTE: Kayjatta is not an attorney and has no legal qualification or any knowledge of Gambian law. Anything he said here is just an opinion and does not constitute legal advice. 
quote:
Originally posted by kayjatta
I don't think there is strict liability here, and so the hotel cannot be responsible yet. You have to look at the details, I guess...
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"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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kayjatta
2978 Posts |
Posted - 22 Dec 2009 : 10:39:15
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| Yes, that was a good one Toubab. Very tempting; thanks for sharing... |
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gambiabev
United Kingdom
3091 Posts |
Posted - 22 Dec 2009 : 11:26:00
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My view on this is use the safe if available!
Does the person have proof of the amount of cash stolen? Often claims are inflated, which is theft too!
Whilst the hotel does have some responsibility for security I do feel it is best not to put temptation in peoples way, especially in poorer countries. |
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Ramou
90 Posts |
Posted - 28 Dec 2009 : 23:12:53
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quote:
Originally posted by gambiabev
My view on this is use the safe if available!
Does the person have proof of the amount of cash stolen? Often claims are inflated, which is theft too!
Whilst the hotel does have some responsibility for security I do feel it is best not to put temptation in peoples way, especially in poorer countries.
You never cease to amaze me, old fart! I guess "Great" Britain counts as a "poorer country".
Ramou |
"...he reminds one of the Duchess who, upon acquiring full appreciation of sex, asked the Duke if it were not perhaps too good for the common people" - Robert Solow, Nobel Laureate, 1967 Review of Galbraith's New Industrial State |
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toubab1020
12314 Posts |
Posted - 29 Dec 2009 : 02:02:07
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Well it definetly is a "poorer country" since the man from scotland took over how much money has he printed now 625 BILLION pounds or some other incomprensible number   
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"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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gambiabev
United Kingdom
3091 Posts |
Posted - 29 Dec 2009 : 11:23:44
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Ramou, Gambia is a poorer country in terms of monetary wealth.
How does that make me an old fart?!
I'm 49....If I'm an old fart what does that make my 96 year old Grandma?! |
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Ramou
90 Posts |
Posted - 29 Dec 2009 : 19:00:28
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It is clearly apparent that you are NOT the sharpest knife in the drawer! This incident could have occured in "Great" Britain but, I guess, in that case, you will blame it on immigrants!!
Ramou |
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gambiabev
United Kingdom
3091 Posts |
Posted - 30 Dec 2009 : 12:03:10
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It COULD happen in Great Britain, but most hotels in Uk clearly state that they are not responsible for theft of things left in a room unsecured. Most hotels in UK have good security; good locks and good CCTV. Hoteliers have insurance for things stolen from public areas etc...ALL hotel staff should come to a job with references and these references should be taken up and checked carefully.
I ran a hotel in York for 18 years. During that time I never had a single item stolen from a hotel bedroom. My staff all had contracts that said that would mean instant dismissal.
As the owner I had many things stolen from the public areas, including my own handbag from my living room etc.... USUALLY it was local drug addicts that stole things looking for easy cash.
Ramou.....I'm sorry you dont think I'm very bright. No idea what gives you that opinion!!!! |
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Ramou
90 Posts |
Posted - 31 Dec 2009 : 10:00:43
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Beverly the Bigot,
For the last time, Criminality is an Equal Opportunity Enterprise! No amount of CCTVs, reference checks, etc will change that. Please get this in your peanut-size brain!!
People still get stabbed on a daily basis on the mean streets of London, Birmingham, Manchester and all over "Great" Britain the thousands of CCTVs notwithstanding! Homes and hotels get broken into in "Great Britain" your being a Manager at a lousy one with no such incident notwithstanding!!
This case has nothing to do with a "poorer country" and everthing to do with.... well, I'll leave you to complete the sentence.
Go away!!
Ramou
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Edited by - Ramou on 31 Dec 2009 10:05:04 |
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gambiabev
United Kingdom
3091 Posts |
Posted - 31 Dec 2009 : 14:47:07
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Ramou be careful what you write it can be liable.
I have no idea why you have decided to try to pick on me?!
Of course there is crime in UK. But this posting was particularly about cash in a hotel room. This SHOULD be safe.
Anyway enough on this subject. |
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Ramou
90 Posts |
Posted - 31 Dec 2009 : 16:15:18
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And just what the hell do you mean by "Ramou be careful what you write it can be liable."?
so, cash in a hotel room in Britain should be safe, but not so in a "poorer country"? You are so full of yourself and a big ignorant fool!!
As long as you continue to come to the bantaba to spew garbage, be rest assured that there will be folks here to send you back to your rat-infested house in Yorkshire.
Go away!
Ramou
quote:
Originally posted by gambiabev
Ramou be careful what you write it can be liable.
I have no idea why you have decided to try to pick on me?!
Of course there is crime in UK. But this posting was particularly about cash in a hotel room. This SHOULD be safe.
Anyway enough on this subject.
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toubab1020
12314 Posts |
Posted - 31 Dec 2009 : 16:38:33
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And a Happy New Year to you as Well Ramou
quote:
Originally posted by Ramou
And just what the hell do you mean by "Ramou be careful what you write it can be liable."?
so, cash in a hotel room in Britain should be safe, but not so in a "poorer country"? You are so full of yourself and a big ignorant fool!!
As long as you continue to come to the bantaba to spew garbage, be rest assured that there will be folks here to send you back to your rat-infested house in Yorkshire.
Go away!
Ramou
quote:
Originally posted by gambiabev
Ramou be careful what you write it can be liable.
I have no idea why you have decided to try to pick on me?!
Of course there is crime in UK. But this posting was particularly about cash in a hotel room. This SHOULD be safe.
Anyway enough on this subject.
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"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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Ramou
90 Posts |
Posted - 31 Dec 2009 : 18:53:54
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A happy New Year to you too and the GOOD people of Bantaba excluding... nevermind!
quote:
Originally posted by toubab1020
And a Happy New Year to you as Well Ramou
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