REVISED

FORM 1

CONTINUING GUARANTEE, LIMITED IN AMOUNT FOR THE SUPPLY OF GOOD TO

A TRADESMAN

To [supplier]of [address]

IN CONSIDERATION of your having at my request agreed to supply [principal

debtor] of [address, etc] with goods in the way of the his trade or business as a
…now carried on by him at…..

I HEREBY AGREE with you as follow:

1. To be answerable and responsible to you for the due payment by the

[principal debtor] for all such goods as you may from time to time at his
request supply [and deliver] to him notwithstanding I shall not have notice
of any neglect or omission on his part to pay for such goods according to
the terms agreed on between you and him but so that my liability under
this guarantee shall not exceed in aggregate the sum of D……

2. That this agreement shall be a continuing guarantee to you (within the

limits stated) for the whole debt that shall be contracted by the said
{principal debtor} with you in respect of goods to be supplied {and
delivered} to him.

3. All dividends composition and payments received by you from the said
{Principal debtor} or from his estate whether in bankruptcy or otherwise
shall be taken and applied by you as payments in gross and my right to be
subrogated to you in respect such payments shall not arise until you shall
have received the full amount of all your claims against him and this
guarantee shall (within the limits aforesaid) be a security to you for the
 payment of any ultimate balance that may remain due to you In respect of
goods to be supplied to the said {principal debtor}.

4. You may at any time or times at your absolute discretion and without giving
any notice whatsoever to me refuse further credit or supplies of goods to
the said {principal debtor} without discharging or impairing my ability under
this guarantee.

5. This guarantee may be enforced against me notwithstanding that any

negotiable or other securities referred to in this guarantee or to which it
shall extend or be applicable shall at the time of proceedings being taken
against me on this guarantee be outstanding or in circulation.

6. No changes whatsoever in the constitution of your firm shall impair or

discharge my liability under this guarantee notwithstanding any provision
of the Partnership Act to the contrary.

7. In order to give effect to this guarantee I declare that you shall be at liberty
to act as though I were the principal debtor and I hereby waive all and any
of my rights as surety which may at any time be inconsistent with any of
the above provisions.

8. This guarantee shall be revocable at any time as to future transactions by

one month’s ,or as the case may be- notice in writing given to you or your
dully authorized agent by me or in case of my death by my personal
representatives.

Dated this……day of….

Signed:……………………………………..

Name of Guarantor………………………………

In the presence of:………………………….

…………………………
 {Signature of Guarantor}

FORM 2

LETTER OF CONTINUING GUARANTEE FOR THE SUPPLY OF GOODS TO TRADE:

(short form)

To [supplier] of [address]
[DATE]

Dear sir,

IN CONSIDERATION of your having agreed at my request to supply [name of

trader] of [address, etc] with goods for his business I agree to be responsible to
you for the price of all such goods as you may hereafter supply [name of trader]
to a limit of D.. … whether or not any part of such price shall be paid to you] but
so that my liability to you shall in no event exceed the sum of D…. This guarantee
is to be a continuing guarantee and my liability under it shall not be affected by
your giving time or any other indulgence to [name of trader].

I reserve the right for myself or my personal representative by notice to revoke

this guarantee at any time as to all future dealings by the said [trader] with you
after the date of such notice.

Yours faithfully,

[Signature of guarantor]

………………………………….

Name of Guarantor
 FORM 3

GUARANTEE RELATING TO MONEY ADVANCED OR OWING

JOINT AND SEVERAL GUARANTEE OF A RUNNING ACCOUNT OF AN AGGREGATE

SUM, IN RESPECT OF AN ADVANCE, PROVIDING FOR ANY SURETY TO
WITHDRAW THEREFROM ON TERMS.

To [lenders] of [address etc]

IN CONSIDERATION of you having at our request agreed to advance [name of

principal debtor] of [address etc] sums of money not exceeding at any time [in the
aggregate] sum of D… which he may require during the period of ….YEARS from
the … day of ….

WE HEREBY AGREE with you as follow:

1. This guarantee is a continuing guarantee within the limits aforesaid as to

time and amount and [subject to clause 4 hereof] our liability under it is joint and
several.

2. [No change in the constitution of your firm shall affect or impair our liability
hereunder [whether past, present or future] notwithstanding any provision of the
Partnership Act to the contrary

3. This guarantee is a guarantee of the said [aggregate] sum owing by the said
[principal debtor] to you but our total joint and several liability hereunder shall
under no circumstances exceed in the aggregate the said sum of D…

As Witness we signed this guarantee jointly and severally

Signed: ……………

Names ……………………………… ………………………………………….

 FORM 4

GUARANTEE OF DEBT IN CONSIDERATION OF CREDITOR DISCONTINUING

PROCEEDING.

To [creditor] of [ address etc]

IN CONSIDERATION of you having at my request agreed to forego [or discontinue]

for as long as this guarantee shall be in force all legal and other proceedings which
you are entitled to maintain against [name of principal debtor] of [ address, etc]
in respect of the sum of D….now due and owing to you from him I HEREBY
GUARANTEE the payment of such sum (together with[D… in respect of interest
due on the sum and] all reasonable cost charges and expenses up to but not
exceeding D…. which have already been incurred by you for the purpose of
recovering the said first mentioned sum of D…) by … equal weekly *or monthly or
quarterly] instalments commencing on the …. Day …
Dated this ….day….

Signed…………………………….

[name of guarantor]
 FORM 5

BY THIS BOND I, ……………………. of ……………………………….. (hereinafter called “the

Debtor”) acknowledge myself bound unto the …………………………. whose head offices
are situated at ………………………………… (hereinafter called “the Corporation”) for the
payment to it of the sum of D………….(………………………..).

SEALED with my seal and dated this day of 2015

WHEREAS:

(1) ………………… has agreed to grant ………………………… (hereinafter called “the

Debtor”) study leave with sponsorship and salary for a period of ………………….
years to enable him complete his ……………………………… effective
…………………….. to ………………….. for a total sponsorship cost of
D,……………………………..(…………………..) including his annual basic salary and a
monthly stipend of (£……………) during the said period on condition that

(a) the Debtor will arrange for …………………………… to provide

…………………….. with his term and progress reports; and

(b) at the successful completion of his training, the Debtor shall continue in
the employment of ………………… for a minimum continuous period of
……………….. years at such remuneration and condition as may be
decided by …………………………….

(2) The Debtor has agreed to the said conditions and to enter into the above
written obligation by way of security for the due fulfilment of the said
conditions and to further cause to be deposited title deeds of property in the
approximate value of D……………………. (………………………….) by way of
equitable mortgage for the due performance of the Debtor’s obligations
hereunder.
NOW THE ABOVE WRITTEN OBLIGATION is conditioned to be void in either of the
cases following:

1. In case the Debtor shall faithfully discharge his duties as a student and return
to The Gambia to perform such duties in the service of …………………… as
provided above for a further minimum continuous period of Two years after
completion of his studies.

2. In case the Debtor’s personal representative or any person acting for and on
behalf of the Debtor shall refund ……………………. the sum of
D……………………(……………………….) before the expiration of the said minimum
continuous period of Two years.

PROVIDED that if Debtor shall:

(a) wilfully or negligently waste his time during the period of training or shall fail
to take full advantage of his training as aforesaid so as to extend the period of
training; or

(b) fail to ensure that his term and progress reports are submitted to ………………..;
or

(c) wilfully refuses to obey any lawful instructions given by the ………………………
during the period of bonded service; or

(d) abandons the aforementioned training programme.

then ……………………… may terminate the payment of monthly salary and stipend to
him and proceed to recover the amount of his bond unless in the opinion of
…………………… there are special reasons to the contrary.
IN WITNESS WHEREOF the Debtor has set his hand and seal the date and year first
above written

Signed Sealed and Delivered

by the within named

…………………………………….. ………….…..………

in the presence of:

……………………..…………

……………………….………

……………………..………..
THIS MEMORANDUM is made the day of 2015 BETWEEN
…………………………….. of ………………………………… (hereinafter called the “Mortgagor”)
of the one part and ……………………………… of …………………………….. (hereinafter called
“……………………”) of the other part.

WHEREAS:

(1) By a Bond executed by ………………………. as Debtor in favour of ……………………..

the Debtor bound himself to pay …………………. the sum of
D……………………..(……………………..) in respect of salary and stipend paid by
GAMTEL to the Debtor pursuant to study leave with sponsorship on salary
granted to the Debtor by ………………………… for a period of Two Years and
subject to the conditions specified in the said Bond.

(2) That it was an agreed term of the said Bond that the Debtor shall provide
security for the due performance of his obligations thereunder.

(3) In pursuance of the said agreement it has been agreed that the document of
title specified in the Schedule hereto shall be deposited with ……………………..
upon the terms and conditions herein contained.

NOW THIS DEED WITNESSETH as follows:

1. The document of title specified in the Schedule has been deposited with
………………….. to the intent that the property to which it relates may become
security to …………………….. for the sum of D…………………
(………………………………) by reason of any default by the Debtor under the
terms of the said Bond.

2. The Debtor hereby undertakes:

(a) if and whenever from time to time required by …………………… so to do

to execute a proper legal mortgage of all or any part of the said
property in favour of ………………………….. to secure payment on demand
of all money then owing and intended to be secured by this security.
 (b) To pay on demand the said mortgage sum.

IN WITNESS whereof the Mortgagor has hereunto set his hand and seal the date and
year first above written.

SCHEDULE

An Assignment bearing Serial Registration Number …………………… dated the

……………………. held under Lease bearing SR No. ………………….. dated
………………….. in respect of land situate at ………………. in the …………………..
more particularly delineated in the plan attached to the lease.

Signed Sealed and Delivered

by the within named

……………………………. …....….…………………

in the presence of:

…………………..….……….
……………...……………….

…………………………….

GUARANTEES AND INDEMNITIES

 No 5 GUARANTEE FOR THE PERFORMANCE OF A CONTRACT

THIS AGREEENT is made on ……….BETWEN E.F. of etc (‘the Guarantor’) and C.D. of
etc (‘the Principal’)

WHEREAS:

1. This agreement is supplemental to a contract (the Contract’) dated….and

made betwe4en A.B. Limited (the Contractor’) and the Principal whereby the
Contractor agreed and undertook to [state nature of works or other
obligation undertaken for the sum of D…..

2. The Guarantor has agreed to guarantee the due performance of the contract
as appears below

NOW THE GUARANTOR AGREES with the Principal as follows:

1. If the Contractor(unless relieved from the performance by any clause of the

Contract or by statue or by the decision of a tribunal of competent
jurisdiction) in any respect fails to execute the Contract or commit any breach
of its obligation is under it then the Guarantor shall indemnify the Principal
and his personal representatives against all losses damages costs expenses or
otherwise which may be incurred by him by reason of any default on the part
of the Contractor in performing and observing the agreements and provisions
on their part contained in the Contract

2. If any question or dispute arises as to the amount of any such losses damages
costs expenses or otherwise the amount of it shall be determined by
[architect, engineer or trade expert according to the nature of the contract]
whose decision shall be final1

1
Where the parties agree upon a procedure to determine a price or value and express that the person, who makes
the determination, acts as an expert and not an arbitrator, they are electing for a measure of certainty but in doing
so lose the right to impeach the valuation on the grounds of a mistake, even a negligent mistake: BABER V
KEWOOD MANUFACTURING CO LTD (19770 121 SOL.JO 606 [1978] 1 Lloyd’s Rep 175 CA. Where the valuation by
the expert includes the reason (a speaking valuation) it may be impugned if it was made on an erroneous basis:
BURGESS V PURCHASE & SONS (FARMS) LTD (1983] CH.216 (1983] 2 All E.R.4. The expert must beware that since
he is not fulfilling some judicial or quasi-judicial role, he is not immune from an action for negligent: PALACTH LTD
V FLANAGAN (1985) 2 ALL E.R. 161
 3. The Guarantor shall not be discharged or released from this guarantee by any
arrangement made between the Contractor and principal with or without the
assent of the Guarantor or by any alteration2 in obligations undertaken by the
contract or by any performance whether as to payment time performance or
otherwise.

2
These words are very wide, but they will not include any alteration not within the general purview of the
guarantee: see TRADE INDEMNITY CO. LTD V WORKINGTON HARBOUR AND DOCK BOARD (1937] A.C. 1at p 21
(1936) All E.R. 454 at p. 463
 FORM 6

Indemnity by vendor to purchaser in respect of title deeds lost or not forthcoming

THIS DEED OF INDEMNITY is made the day of Between [vendor] of a [address

etc.] (hereinafter called ‘ the vendor’) of the one part and [purchaser] of [address
etc.] (hereinafter called ‘the Purchaser’) of the other part.

WHEREAS

(1) The Vendor agreed to sell the Purchaser the dwelling house known as
[description and address] and by a conveyance of even date with this Deed but
executed before this Deed and between the Vendor of the one art and the Purchaser
of the other part the vendor has conveyed the said dwelling house to the purchaser
in fee simple.

(2) The Vendor delivered an abstract of title to the Purchaser but was unable to
produce or cause to be produced to the Purchaser certain of the abstract deeds
particulars of which are contained in the schedule to this Deed and which are
hereinafter called the missing deeds.

(3) The purchaser agreed to complete his said purchase upon the Vendor
undertaking to enter into the covenant hereinafter contained.

NOW THIS DEED WITNESSETH that in pursuance of the said agreement and for the
consideration aforesaid the Vendor hereby covenants with the Purchaser and his
successors in title that he and his personal representatives will at all times hereafter
keep the Purchaser and his successors in title and all persons claiming through or
under him or them fully indemnified against all losses cost charges and expenses
which he or they or any of them may suffer by reason of the fact that he or hey have
not the custody of the missing deeds or any of them or the benefits of any covenant
or acknowledgment for their production [and the vendor hereby acknowledges the
right of the Purchaser to the production of the missing deeds and to delivery of
copies thereof in the event of the same coming into his possession and undertakes
for their safe custody and immediately to inform the purchaser]

INT WITNESS of which the parties have hereunto set their hands and seals the date
and year first above written.
 SCHEDULE

[particulars of the missing deeds]

Signed sealed and delivered ………………………………….

By the within named Vendor

In the presence of

……………………………………..

……………………………………….

Signed sealed and delivered ………………………………….

By the within named Vendor

In the presence of

……………………………………..

……………………………………….
 FORM 7

Assignment of indemnity against lost deeds

THIS DEED OF ASSIGNMENT is made the .. day of….Between *assignor+ of

[address, etc] (hereinafter called the Assignor) of the one part and [assignee) of
[address. Etc] (hereafter called the Transferee) of the other part.

WHEREAS

(1) On the purchase of the property described in the first schedule to this Deed
the Vendor of that property by a Deed of Indemnity dated the … day of … and
made between (then vendor] and the Assignor the [then vendor] covenanted that
his and his personal representative would at all times thereafter keep the
Assignor and his successors in title and all persons claiming through or under him
or them fully indemnified against all losses cost charges or expenses which he or
the4y or any of them might suffer by reason of the fact that he or they have not
the custody of the missing deeds or any of them set out in the second schedule
hereto or the benefit of any acknowledge3ment for their production;

(2) By a conveyance of even date with this Deed the assignor has conveyed the
said property to the Transferee;

(3) It was a term of the contract of sale of the said property that the Assignor
would assign to the Transferee all that the Benefit of the said covenant of
indemnity.

NOW THIS DEED WITNESSETH that in consideration of the Transferee completing

the said sale the assignor as beneficial owner hereby assigns unto the transferee
all that the benefit and interest of the assignor in or under the said Deed of
indemnity together with the right so far as may be necessary to demand
performance or sue for and enforce the same in the name of Assignor TO HOLD
the same unto the transfer absolutely.;

IN WITNESS etc

FIRST SCHEDULE
(Description of property]

SECOND SCHEDULE

[Particulars of missing deeds]

[Signature and seal of assignor]

 FORM 7(2)

Indemnity by principal debtor to surety liable under guarantee

THIS DEED OF INDEMNITY is made the … day of….between *principal debtor+ of

*address, etc+ (hereafter called ‘the Principal’) of the one part and *surety+ of
[address, etc+ (hereafter called ‘the Surety’) of the other part.

WHEREAS

(1) This Deed intended to be supplemental to a guarantee (hereinafter called

‘the guarantee’) of even date herewith and made betwe4en *parties+ whereby the
surety guaranteed [setout nature of guarantee shortly].

(2) The principal in consideration of the surety having entered into such
guarantee has agreed to enter into the covenant hereinafter contained.

NOW THE DEED WITNESSETH that in pursuance of the said agreement and in
consideration of the Surety having entered into such guarantee as aforesaid the
Principal hereby covenants with the Surety that he the Principal or his personal
representatives will at all times hereafter keep the Surety and his personal
representatives and his and their estate and effects indemnified against all
actions proceedings liability claims damages cost and expenses in relation to or
arising out of the guarantee on the part of the surety contained in the guarantee

IN WITNESS etc

[Signature and seal of principal debtor]

 Form 8

Indemnity by land lord whose title is in dispute to tenant against consequence

of paying rent.

THIS DEED OF INDEMNITY is made the….day of ….Between *landlord+ of *address,

etc+ (hereafter called ‘the landlord’) of the one part and [tenant] of [address, etc]
(hereafter call ‘the Tenant’) of the other part.

WHEREAS

(1) By a lease made the … day of…between the landlord of the one part and
the Tenant of the other part a certain dwelling house known as [description and
address] was demised by the Landlord to the Tenant for a term of …years from
the …day of … to the payment of the yearly rent of D….reserved by and the
covenants and conditions contained in the said lease.

(2) An action is now pending in the high court in which [Name of Plaintiff] is
plaintiff and the Landlord is defendant in which the said [plaintiff] claims to be the
lawful owner of the said dwelling house determined since the date of the said
lease and before the rend next hereinafter mentioned became due and the said
[plaintiff] has given notice thereof to the Tenant.

(3) The Landlord upon the Tenant agreeing to pay him the said rent of D…
reserve by the said lease which fell due upon the day of … and the rent which will
become due during the substance of the said lease has agreed to give the Tenant
such indemnity as is hereinafter contained.

NOW THIS DEED WITNESSETH that in pursuance of the said agreement and in
consideration of the sum of D…. being the rent of the said dwelling house for the
year ending….day of ….now paid by the tenant to the Landlord (receipt of which
the landlord acknowledges) the Landlord hereby covenant with the tenant that he
the landlord will at all times hereafter indemnify and keep indemnified the tenant
against all distress actions proceedings claims and demands cost damages and
expenses which may be levied brought or made against him or which he may pay
sustain or incur by reason of his paying the said rent to the landlord in manner
aforesaid.

IN WITNESS etc

[Signature and seal of landlord]