Africa Examination Council (WAEC), the body responsible for examinations in
West African English speaking countries had won a legal tussle brought against
it by the appellants Mansong Dambel and Mansong Photos.
appellants, Mansong Dambel and Mansong Photos have entered into three separate
written contracts with WAEC for the printing of examination papers in 1994.
contract was for the printing of The Gambia Middle School Leaving Certificate
Examination question papers for 1995 at a contract price of D1, 818, 000. The
second contract was for the printing of The Gambia secondary Technical School
leaving certificate question papers for 1995 at the contract price of D325,
950. While the third contract was for the printing of The Gambia primary school
leaving certificate examination question booklet at the contract price of D1,
300, 000. It added that the appellants proceeded to make the necessary
arrangement to execute the contract.
revealed that on the 15thNovember 1994 WAEC
informed the appellants at a meeting of its financial difficulties, which
emanated from the failure of the Government of the Gambia to pay full examination
subsidies. At a meeting WAEC also notified the appellants that it will not
submit to them draft for the printing of question papers and that WAEC will sent
them a letter formally cancelling the contract, adding that the letter was
written on the 17thNovember 1994 and sent to the appellants. It
continued that the letter sparked the flame of action on breach of contract and
claim of damages. The breach of contract was only on the 1995 Gambia Middle
School Certificate Examination question papers and the appellants claimed D58,
000 as being the amount short paid for the work done of which the high court
granted judgement in their favour. WAEC appeal against the high court decision
at the court of appeal which was upheld and the court of appeal overturn the
high court judgement and equally set aside award made by the high court. The
appellants Mansong Dembel and Mansong photos appeal to the Supreme Court against
the court of appeal decision. The Supreme Court five-member panel of Judges
later dismissed the appeal.