IN THE GAMBIA COURT OF APPEAL

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4. Paragraph 4 of the Reply to Statement of Defense is denied. No allotments were made to the Plaintiff and the Defendant states that the number of rooms contracted for the 1999/2000 winter season was fifty and for the 2000/2001 season because of quality concerns and a consequent drop in demand the number of rooms contracted decreased to twenty rooms. The contracts were signed prior to the Defendant discovering problems with the operation management and standards of the Banna Beach Hotel. The Defendant denies issuing the Work Done Report for 1999/2000. At the time of signing the contract for 1999/2000 (i.e 4 th November 1998) the Defendant was unaware of how poorly the Hotel was going to score in the audit. The Final Audit Report is dated 15 th November, 1998. 5. Paragraph 5 of the Reply to the Statement of Defense is denied. By a letter dated 11 th day of November, 1999, all queries raised by the Defendant in relation to matters relating to stay of guests at Banna Beach Hotel or the standards of the said hotel, were matters properly raised by the Defendant, having regard to its contractual obligations with the said quests and/or relevant and applicable United Kingdom legislation. 6. The said letter of the 11 th day of November, 1999 concluded by stating, that the Hotel needed “to do some thing urgently to put the hygiene right…” 7. Paragraph 7 of the Reply to Statement of Defense is denied. The Hotel acknowledged receipt of the said letter in writing by facsimile dated the 4 th day of January 2000. 40
8. Paragraph 8 of the Reply of Statement of Defense is denied. The management of Banna Beach Hotel was not prepared to attend to genuine and relevant issues raised by the Defendant and/or its representatives. The Defendant denies that its representative Mrs. Sheila was “found to be racist in her attitude towards the management” of Banna Beach Hotel. The Defendant will seek withdrawal of the said allegations or full details of when these alleged acts took place in support of this claim. In any event, the fax of the 2 nd day of January 2000 made no mention of the said complaint, and this is the first time this allegation has been raised by the Plaintiff. 9. The Defendant did not at any time surcharge the Plaintiff or Banna Beach Hotel. The Defendant was at all times however entitled to compensation in accordance with the terms of the contract. The Defendant denies that it is speculative in its pleading 10. Paragraphs 9 and 10 of the Reply to Statement of Defense are denied. a) The contracts with Banna Beach Hotel were subject to a seven day release period. The Defendant was at no time under a commitment to occupy any room in Banna Beach Hotel. Under the terms of the contract, the Defendant agreed to only pay for any room occupied by its guests. 41
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 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: In the said letter the Defendants s
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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