IN THE GAMBIA COURT OF APPEAL

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Further, were the Defendant did not notify the Owner of any books for any of the beds seven days before the arrival period, such unbooked beds were available for the Owner to sell elsewhere. 18. By failing to carry out all the health and safety works required to bring the Hotel up to an acceptable health and safety standard, despite the Owner agreeing to carry out such works within the periods stated, the Owner was in breach of the terms of the Contracts. 19. It was further expressly agreement under the terms of the Contracts that the Defendant could terminate the Contracts by giving notice, if the level of complaints relating to either the accommodation, food service, amenities facilities received from its customers during the period of not less than twelve weeks immediately prior to the giving of such notice, were unacceptable and damaging to the Defendant’s reputation. 20. The level of complaints received from the Defendant’s customers before and after 2 nd November 1999 were excessive, unacceptable and damaging to the Defendant’s reputation, and the Defendant was entitled to and did terminate for this reason and others. 21. The Plaintiff is not entitled to the amounts claimed or any sum at all, nor is any sum payable to the Plaintiff by the Defendant. 22. The contract for the winter season 2000/2001 has yet to take place. The Owner had sufficient time to enter into other contracts or to mitigate any purported losses. 34
23. Save as hereinbefore expressly admitted the Defendant denies each and every material allegation of fact contained in the Statement of Claim as if the same has been set out and traversed seriatim. By a Reply dated the 28 th day of January 2002 (pages 35-37 of the record) the Appellant averred thus 1. In answer to paragraphs 1,2,3, and 4 of the Statement of Defense, the Plaintiff aver that the Defendants are estopped and precluded from denying the existence of the two agreements mentioned in the paragraphs 1 and 2 of the statement of Claim. PARTICULARS: By a letter dated 11 th of August 2000, written by the Defendants to the Director of Tourism of the Gambia, the Defendants, inter alia, confirmed entering into the said agreements with the Plaintiff. Further in the said letter, the Defendants sought the assistance of the said Director of Tourism to use his office to persuade the Plaintiffs to drop their action against the Defendants 2. In further answer to paragraph 4 of the Statement of Defense, the Plaintiffs aver that 336 tourists of the defendants were accommodated at the plaintiffs hotel at various times during the period 2 nd November, 1999 to the 14 th of December, 1999, and will at the trial produce the necessary and relevant documents in proof thereof. 3. In reply to paragraph 5 of the Statement of Defense, the Plaintiffs aver that the said #30,000 thirty thousand British Pounds was disbursed in two 35
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 and 28: The true parties to the said agreem
Page 29 and 30: 1. The Plaintiff’s is a limited l
Page 31 and 32: 3. The Defendant denies that it mad
Page 33: By letter of the 3 rd February, 200
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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