BY: HAJA HAWA KOROMA
The presiding Judge Hon. Justice M. F Tarawally alongside colleague Judges Hon. Justice Musu Kamara and Hon. Justice Komba Kamanda has on the 16th march 2022 passes their judgment on the Haja Aminata Conteh versus the All People’s Congress party case, at the Court of Appeal Court no 12.
This matter was brought to the court in 2015, it was tried in the High Court but the Appellant was not pleased with the judgment of the High Court and therefore brought the matter to the Court of Appeal for Final Judgment.
The Presiding Judge Hon. Justice M. F. Tarawally in agreement with his colleague judges issued out the final judgment of the case. The appeal court judges agreed with the initial decision of the High Court stating that the Respondent is entitled to recover possession of all the portion of the premises occupied by the Appellant.
The Judge mentioned that the decision of the High Court in giving Judgment for the Respondent was based on the Exhibits that were rendered to the court proving that the Respondent’s claims were all facts and evidences of their transactions with the Appellant.
He further stated that the legal issues that were raised by both parties were adequately addressed by the High Court Judge during the trial and that the High Court Judge had full jurisdiction throughout the proceedings to adjudicate the matter.
The Presiding Judge stated that the Appeal lacks merits in every sense of the word in totality and he said that the case is finally dismissed and the Judgment of the High Court and all subsequent orders are upheld. Also, the appellant on this Appeal matter shall pay the sum of Forty Million Leones to the Respondent as the cost of this Appeal proceeding within fourteen days from the date of delivery of this Judgment.
R. B Kowa Esq was the lead counsel for the Appellant whilst S. M Sesay was the lead counsel for the Respondent. The matter is an Appeal from the decision of the High Court delivered by Hon. Justice V. M Solomon dated 9th march 2015. This Appeal was filed by C. F Margay & Associates, Banta Chambers, as Solicitors for the Appellant.
The Appeal was brought to the Court of Appeal on the 12th June 2015 and it contained the Notice and Grounds of Appeal.
The Respondent which is the APC party brought this civil action against the Defendant now Appellant in this matter, for premises situated at No. 27 Poultney Street, Freetown. The action was initiated by writ of summons dated 7th august 2002 and that action was for damages for trespass, recovery of possession, a perpetual injunction interest and cost.
During the pleadings and the plaintiffs witness testimonies, the APC stated that they are the owners of the property. The APC further stated before the high court hearing that the said property was acquired during the chairmanship of one Alhaji s. a. t koroma who subletted part of the premises to the appellant by a leasehold agreement.
The respondent mentioned that the leasehold was for a period of 3 years from 31st august 1998-31st august 2001 and it was agreed that a storage facility was to be included. Also, the appellant was to erect a two rooms shelter as a resting place and the appellant was not authorized to sublet or transfer any part of the property to any third party and her activities on the premises was for the sole purpose of selling foodstuffs (cookery).
In the agreement, it was stated that any form of violation of this agreement by the appellant as a tenant was liable to a twenty one day’s notice to vacate the said premises. The appellant was a tenant of the APC until they started constructing a dwelling house on the said premises breaching the initial agreement she had with the APC.
The solicitor of the said chairman of the APC Alhaji s, a. t Koroma then wrote a letter warning the appellant to vacate the said premises she had ben occupying within twenty one days from receipt of the notice to leave the building.
The letter of notice to quit the premises was dated 12th November 1998 but the appellant failed to vacate and the respondents solicitor 1. F Serry-kamal brought ejectment proceedings under cap 49 of the laws of Sierra Leone 1960 to evict the appellant Haja Aminata Conteh before the magistrate court in Freetown.
Throughout this period of court proceedings the respondent provided solid exhibits as evidence for their case as proof of their ownership of the said premises and the appellant was unable to provide proof of ownership and in a case for recovery of possession, all party needs to prove to the court of entitlement to regain the possession. Since the appellant was unable to prove this in the appeal court that presiding judge dismissed the appeal and upheld the high court judgement and all subsequent orders that were brought before the appeal court.
