Headline of The Daily Observer. Wednesday, July 14, 1999 'COURT AWARDS D80,000 TO YELLOWGATE' By Pa Nderra M'Bai The High Court on Tuesday delivered judgement in favour of Elie Nachif,proprietor of Yellowgate Studios and awarded him over D80,000 after he won a legal battle against Jeggan Grey-Johnson and others. In a writ of summons dated May 28, 1999, Mr Nachif claimed D80,000 from Grey-Johnson in respect of debts accruing from the production of a thirteen track master album for Mr Grey-Johnson. Evidence before the court stated that Mr Nachif was instructed to produce the master album before 31 December 1997 which he did. Court records further stated that Mr Grey-Johnson failed to pay Mr Nachif after the production of the master album. Addressing the court, Bola Carrol, counsel for Grey-Johnson argued that following a written agreement between Elie Nachif and Grey-Johnson for payment of the said amount, there was a subsequent verbal agreement in which he claimed that both parties agreed that payment of the said amount would be effected only after the cassettes had been sold and interest realized. Defence counsel Carrol further argued that “having varied the terms of the contract by agreeing to wait until the cassettes were sold, Mr Nachif should have waited but this is not the case here. One party cannot now turn around and go back to the agreement.” E Chime, counsel for Mr Nachif maintained that Grey-Johnson owed his client D80,000 being a contract for the production of the album. Chime argued that there was no evidence before the court to prove that there was an oral agreement for the variation contract between the two parties. “What actually happened was Nachif was demanding his money and this is what they are using to mislead the court into thinking that there was a meeting to vary the terms of contract,” he said. Chime suggested that Grey-Johnson be barred from coming with such an agreement arguing that “it is right before the law that a written agreement cannot be varied by an oral agreement even if the defendant was to rely on fraud or duress amont other things.” Delivering her judgement, the presiding judge, Justice Mam Yassin Sey, declared that she believed in the plaintiff, Elie Nachif’s testimony. She said that Mr Grey-Johnson did not help to advance his case. In the circumstances she said she would enter judgement in favour of Mr Nachif and awarded him D80,000 with 12½ percent interest. She also awarded him D3,000 at costs. ______________________________________________________ Get Your Private, Free Email at http://www.hotmail.com ---------------------------------------------------------------------------- To unsubscribe/subscribe or view archives of postings, go to the Gambia-L Web interface at: http://maelstrom.stjohns.edu/archives/gambia-l.html ----------------------------------------------------------------------------