examine the witnesses. The plaintiff made reasonable effort to enable defendants cross examine its witnesses. In so doing the plaintiff produced its witnesses at its own expense for defendants to cross examine them even though the Court had ruled that the expenses in their recall should be borne by defendants. Even then defendants still refused to appear in Court, let alone cross examine these witnesses. 36. The evidence given by PW1 and PW4 was credible and uncontroverted. Exhibits Al and A2 also buttress the authenticity of their testimonies. Jn Chief Ebrimah Manneh v. Republic af The Gambia (2009) CCILR (Pt 2) 116, this Court stated that uncontroverted evidence would be accepted. Again, in Morrow v. Morrow (1914) 2 IR. 183, it was held that in a civil case evidence that is not impeached should be acted upon. Therefore, the Court accepts the testimonies of PW1 and PW4 and accordingly finds that the defendants are indebted to the plaintiff in the sum of 255 Million Naira. 37. Having established that the defendants owe plaintiff the sum of 255 Million Naira, we now turn our attention to whether plaintiff is entitled to the other sums claimed namely, interest on the principal sum, Solicitor’s and Accountant’s fees as well as general damages. 38. Plaintiff claimed Accountant’s Solicitor’s fee of 25.5 Million Naira as well as fee of 12.75 Million Naira from defendants stating that the payment of such fees was in the contemplation of defendants because it was provided for in the agreement (Exhibit Al) entered into by the parties. Paragraph 4 of Exhibit Al clearly evidences an intention on the part of the debtor to pay the costs incurred by the creditor towards the recovery of the debt. Paragraph 4 of Exhibit Al reads in part thus “... any expenses or cost incurred by the creditors towards the recovery of the N 255 Million at a Court shall be for the account of the debtor (the defendants) ... the parties shall not be competent to challenge or contest said bill.” 39. Exhibit Al is an agreement freely entered into by the parties and therefore they ought to be bound by the express terms thereof. Exhibit A3 shows the engagement of an Accountant and the evidence of PW2 showed that the bill for the Accountant is 12.75 Million Naira. Exhibit AS indicates 42