IN THE GAMBIA COURT OF APPEAL

3. The Defendant denies that it made the alleged or any agreement as
alleged or at all with the Plaintiff.
4. The Defendant had no contractual relations with the Plaintiff. At no time
was Banna Beach Hotel made available to the Defendant pursuant to
agreements entered into between the Plaintiff and the Defendant.
5. Save that payments totaling ₤30,000.00 were made to one Sheriff Marong
by the Defendant as advances under agreements signed by the Defendant
with the said Sheriff Marong, paragraph 3 of the Statement of Claim is
denied.
6. The Defendant entered into contracts (“the Contracts”) with the said
Sheriff Marong (“the Owner”) for use of the Banna Beach Hotel (“the
Hotel”) for the Winter 1999 – 2000 and 2000 – 2001 seasons.
The Contracts were entered into, subject to the Defendant’s Health and
Safety Addendum, which required the Hotel to be safe for the Defendant’s
customers, and which provided an indemnity where this was not the case
7. The Addendum referred to in paragraph 6 of this defence was stated to
be supplemental to and “treated for all purposes as being part of” the
Contracts. Under the Addendum, the Owner allowed inspection of the
contract accommodation, and the Owner agreed to implement such
recommendations as well made under the Defendant’s Safe First Project
by a stated date, amongst other things.
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