The Supreme Court of Guinea's third Civil, Social, and Commercial Chamber examined a case on November 6, 2026, involving A.Barry Transport and Djibril Bangoura. The court granted A.Barry Transport's request for a temporary stay of execution on a Conakry Court of Appeal ruling. This ruling had ordered A.Barry Transport to pay over 1 billion francs guinéens. The Supreme Court's decision provides temporary relief to the company.
According to Hassane Kaba, lawyer for A.Barry Transport, the case originated from a partnership contract between Gouraissy Barry and Djibril Bangoura for transportation services. However, a tanker carrying fuel crashed and caught fire. Djibril Bangoura then sued, claiming it was a loan agreement, not a partnership. The Court of Appeal upheld the ruling, prompting A.Barry Transport to seek a stay of execution.
Lawyer Hassane Kaba argued that executing the Court of Appeal's decision would cause significant and irreparable harm to A.Barry Transport. He emphasized that the contract was a partnership, not a loan, and that the company's assets should not be unilaterally seized. Kaba requested the Supreme Court to grant a stay of execution to prevent harm to his client.
Alkhaly Touré, lawyer for Djibril Bangoura, countered that A.Barry Transport's request was unfounded. He urged the court to reject the request, stating that his client had invested funds in the company and was being unfairly denied payment. Touré argued that A.Barry Transport was attempting to avoid its financial obligations.
The Attorney General requested the court to grant the stay of execution. After deliberation, the Supreme Court ruled in favor of A.Barry Transport, suspending the execution of the Court of Appeal's decision. This decision, rendered on May 19, 2026, had ordered A.Barry Transport to pay over 1 billion francs guinéens.
The Supreme Court's ruling provides temporary relief to A.Barry Transport. The company's lawyer, Hassane Kaba, had demonstrated that executing the Court of Appeal's decision would cause significant harm. The Supreme Court's decision acknowledges these concerns and grants the company a temporary reprieve.
The case highlights the complexities of contractual disputes in Guinea. A.Barry Transport and Djibril Bangoura's disagreement over the nature of their agreement led to a lengthy and contentious process. The Supreme Court's intervention underscores the importance of carefully evaluating contractual obligations and the need for fair and impartial justice.
Key points
- The Supreme Court of Guinea granted A.Barry Transport a temporary stay of execution on a ruling forcing the company to pay over 1 billion francs guinéens.
- The case involves a disputed contract between A.Barry Transport and Djibril Bangoura, with the company arguing it was a partnership, not a loan agreement.
- The Supreme Court's decision provides temporary relief to A.Barry Transport, preventing potential harm from the execution of the Court of Appeal's ruling.
