14.03.2015 Views

IN THE GAMBIA COURT OF APPEAL

IN THE GAMBIA COURT OF APPEAL

IN THE GAMBIA COURT OF APPEAL

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

the trial court I consider the invitation by the Appellants to resolve the question<br />

of the parties to the agreement, the alleged breach and alleged damages, on the<br />

premise of the evidence led, an invitation to speculate on the terms of the<br />

agreements. It is trite learning that a court cannot speculate on the contents of<br />

a document not before it. We therefore refuse to be enticed into engaging in<br />

that exercise.<br />

It is by reason of the totality of the foregoing, that I cannot fault the Learned<br />

Trial Judge on the findings made conclusions reached at the trial nisi prius. I<br />

have no reason to disturb the said findings and conclusions.<br />

I will affirm the decision of the Learned Trial Judge and dismiss this Appeal. This<br />

appeal accordingly stands dismissed. Appellants shall pay Respondents costs of<br />

D75, 000.00, (Seven-five Thousand dalasis).<br />

52

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!