IN THE GAMBIA COURT OF APPEAL

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parties are bound by their pleadings. The essence of pleadings is to enable the court, and the parties in the case, know from the joinder of issues the exact case which the parties have to meet at the hearing. It protects the audi alteram partem rule, in that, it is a means via which each party gives fair and proper notice to alert his opponent of the case he has to meet, to enable him frame and prepare his own case for the trial. It is for this reason that a party cannot set up one thing in their pleadings, and in court rely upon something entirely different not pleaded by him. It is necessary also to stress the fact that the court is also bound by the pleadings. Pleadings provide the legal basis for judgment which must be confined to the matters in which issues have been joined. It is incontrovertible from the foregoing, that it is upon the pleadings that the case must be fought and it is upon the pleadings that the case must be decided. It is therefore convenient for me at this juncture, to reproduce the relevant portions of the pleadings filed by the parties herein at the trial court, to demonstrate the case relied upon by each party at the trial court. The Appellant relied on an Amended Statement of claim filed on the 4 th of June 2007 (page 62-65 of the record) I agree with Ms Drameh as she submitted in paragraph 3.1 to 3.3 of the Respondent’s brief, that following the ruling of the trial court on the application for amendment of the statement of claim, made by the Plaintiffs, in which the trial court refused the proposed amendment for paragraphs 2,3,4,5 and 9 of the proposed amendment statement of claim (pages 55 to 58 of the record) but allowed paragraph I of same, that the amended paragraph 1 automatically replaced the original paragraph I. Therefore the original paragraph 1 in the Amended Statement of claim on pages 63 to 65, of the record, which is reflected therein as paragraph 2, does not represent the Ruling of the court. Be that as it may, in the Amended Statement of Claim as it appears on pages 63 to 65 of the record, the Appellant averred as follows: 28
1. The Plaintiff’s is a limited liability Company and owns the hotel called Banna Beach Hotel and the Defendant is a British Tour Operator who brings tourist to The Gambia. 2. By two Agreements in wring dated the 4 th November, 1998, and 3 rd November 1999, respectively and made between the Plaintiff and the Defendant, the Plaintiff agreed to provide accommodation at “Banna Beach Hotel” situate at Kololi/Kotu, The Gambia, West Africa for the use of the Defendant’s Tourist during the Winter Seasons – November 1999 to April, 2000 and November, 2000 to April, 2001, at the rates and upon the terms and conditions set out in the said agreements. 3. The Plaintiff will refer to the agreements for their full terms, meaning and effect as may be necessary. 4. Pursuant to the said agreements the Plaintiff duly held and made the said Hotel available to the Defendants who in pursuance of the Agreements made an advance payment to the Plaintiff of ₤30,000.00 and on or about the 2 nd November, 1999, flew out Guests from the United Kingdom to The Gambia. The said guests were accommodated at the said Hotel. 5. The Defendants have paid a total sum of ₤30,000 to the Plaintiff by way of installments in respect of guests occupation of the said Hotel for the period 2 nd November 1999 to 28 th December, 1999. 6. The Defendant’s wrongfully and in breach of contract the Defendant by a letter dated 3 rd February 2000 repudiated the said Agreement and refused any longer to be bound by them. 29
Page 1 and 2: IN THE GAMBIA COURT OF APPEAL BANNA
Page 3 and 4: (5) The Learned Trial Judge was wro
Page 5 and 6: 2. Whether the fact that the Defend
Page 7 and 8: appealing against two decision of t
Page 9 and 10: 4) The Learned Judge was wrong in r
Page 11 and 12: I have myself carefully perused Gro
Page 13 and 14: Bank of The Gambia V Continent Bank
Page 15 and 16: Evidence Act of The Gambia is in pa
Page 17 and 18: wrongful admission or exclusion of
Page 19 and 20: Furthermore, I am in complete conso
Page 21 and 22: It was submitted for the Appellant
Page 23 and 24: intends or conveys. What actually i
Page 25 and 26: ISSUE THREE Whether the Appellants
Page 27: The true parties to the said agreem
Page 31 and 32: 3. The Defendant denies that it mad
Page 33 and 34: By letter of the 3 rd February, 200
Page 35 and 36: 23. Save as hereinbefore expressly
Page 37 and 38: The Plaintiff’s further averred t
Page 39 and 40: In the said letter the Defendants s
Page 41 and 42: 8. Paragraph 8 of the Reply of Stat
Page 43 and 44: Now the Appellant case at the trial
Page 45 and 46: 4 th of November 1998 and the 3 rd
Page 47 and 48: the purpose of adding a term to the
Page 49 and 50: It is obvious that the foregoing le
Page 51 and 52: appellant. There is no doubt that i

IN THE GAMBIA COURT OF APPEAL

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