evidence before the trial court. Some of the evidence that the
Appellant had produced at the trial court in support of her case
included several receipts for the purchases of building materials for
the construction as follows:1) Receipt from Alfron (G) Ltd dated 21-5-10 for D3, 700 for 20
Bags.
2) Receipt from Jarama dated 4-6-10 for D315 for nails.
3) Receipt from Asamaha Enterprise dated 10 Oct 2001 for D8,
775 for 65 bags of cement.
4) Receipt from Alfron (G) Ltd dated 31-5-10 for D4, 625 for 25
bags.
5) Receipt from Nayondema Hardware Shop dated 4-3-2001 for
D7, 870 for plumbing materials.
6) Receipt from Asamaha Enterprise dated 3rd November 2001 for
D8, 775 for 65 bags of cement.
7) Receipt from Asamaha Enterprise dated 15 June 2000 for D5,
237 for 58 packets.
8) Receipt from Asamaha Enterprise dated 5th January 2002 for
D3, 000 for 2 toilet sets.
9) Receipt dated 15-01-2001 for D40, 000 for bedroom set.
10)
Receipt dated 10-02-2004 for D10, 500
11)
Receipt from Asamaha Enterprise dated 6th October 2001
for D1, 200 for 16 pieces of rods.
12)
Receipt from Ebrima Ceesay dated 20th January ....... for
D1, 455 for polish.
13)
Receipt from Ebrima Ceesay dated 5th February ......... for
D3, 000 for cardboard and nails.
I find that the Appellant had to a very large extent discharged that
burden and it was for the Respondent on whom the burden of proof
has now shifted to seek to disprove same. But he has woefully failed
to do so by not adducing even a single piece of evidence in support
CA – JUDGMENT MATTY FAYE V DAWDA JAWARA
Page 12
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