IN THE GAMBIA COURT OF APPEAL

2. Whether the fact that the Defendant “vehemently denied that it entered
into the agreements with the Plaintiff” precluded the court from examining
the issues set out in paragraph 2.2 as having been admitted by the
Defendant and therefore needed no proof;
3. Whether the Learned Trial Judge was right when she held that the true
parties to the contract could only be determined from the content of the
agreement;
4. Whether the Learned Judge was right to hold that without the written
agreements it had no evidence before it to help it determine the issues
raised from the pleadings;
5. Whether the Plaintiff is not entitled to its claim on a balance of
probabilities.
The Appellant also filed a reply on points of law, filed on the 23 rd of March,
2010.
For their part, the Respondent filed Respondents brief of argument on the 6 th of
February, 2010. I notice that Respondent formulated no issues for
determination in their brief. However, Learned Counsel for the Respondents,
Ms. Ida D Drameh, argued replicando the issues raised in the Appellants brief.
I have carefully considered the issues raised by the Appellant, in Appellants brief
and argued by the Respondents in Respondents brief and I find that in as much
as these issues address the grounds of appeal they are however largely
internover. I thus prefer to adopt issue one and two in the Appellants brief,
however I prefer to formulate a third issue to wit “whether the Appellants Case
at the Lower Court could have succeeded without the two written agreements
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