By: Hafsatu Z Bangura
Judgment delivered In the Court of Appeal of Sierra Leone the matter between appellant Florence Campbell Appellant and Mohamed Tunde Macarthy respondent; wherein the appellant Florence Campbell being aggrieved by and dissatisfied with the judgment of the high court delivered by the Hon. Mrs Justice Musu D Kamara dated 27th May 2019, appealed the said decision on the following grounds:
That the learned judge misdirected herself and erred in law and the learned trial judge who failed to properly construe Section 21(1) of the Administration of Estates Act chapter 45 of the laws of Sierra Leone 1960 thereby resulting in the erroneous decision to dismiss the Appellant’s case.
That the learned trial Judge failed to properly determine issues and evidence in the matter as presented to her, but instead took into consideration irrelevant and inapplicable matters, legal principles and laws which resulted in her erroneous decision to dismiss the Appellant’s case.
Also, the learned trial judge was wrong when she held that the Respondent a bonafide purchaser of a legal estate for value without notice, in respect of the property at 22 Waterloo Street.
That the decision or the judgement of the high court aforesaid dated 27th May 2019 is against the weight of the evidence.
The court is of the view that on her appointment as Administrator of the Estate of Claude Victor Melvinson Campbell (Deceased) intestate, Annie Mavis Campbell did not have ownership, possession and custody, all constituting the legal right to control and dispose of the real properties forming part of the Estate of the deceased intestate.
That all she had at the time of her appointment the legal right to administer and distribute the estate of the deceased intestate amongst the beneficiaries in accordance with the law aforesaid.
Clearly, also it is the exercise of the legal right which Annie Mavis Campbell became possessed of on her appointment as Administrator, that would pass on the indefeasible title of Claude Victor Melvinson Campbell in the properties forming part of the estate afore said to those persons entitled to it by virtue of the Administration Estates Act chapter 45 of the laws of Sierra Leone 1960.
In other words, to those possessed with the equitable rights to the estate of the deceased they being Annie Mavis Campbell the Administrator herself, the Appellant Claudia Campbell, Florence Campbell, in which the Appellant and Claudia Campbell, all three having one third undivided share as tenants in common all properties forming part of the Estate particularly the real properties.
Furthermore, being an undisputed fact that Annie Mavis Campbell took out and was granted letters of Administration by the high court of Sierra Leone in its probate Jurisdiction on the 30th May 2001.
The estate of Claude Victor Melvinson Campbell became divested from the Administrator and Registrar General, who was the official Administrator between the 29th April 2001 when Claude Victor Melvinson Campbell died up to the 30th May 2001was vested in Annie Mavis Campbell.
The Administrator of the Estate of Claude Victor Melvinson Campbell intestate included the distribution of all the said deceased intestate in land and chattels real and personal, chooses in action and other property whatsoever according to law.
It further states that the Administrator of the deceased intestate aforesaid may have made certain disbursements and payments outlined in the said section, she shall dispose of the estate aforesaid to the persons beneficially entitled on intestacy as provided for in the second of schedule of section 19.
That on the 29th April 2001 died in an interstate in the United Kingdom and that at the time of his death he was survived by his Widow Annie Mavis Campbell and his daughters Florence Campbell the appellant herein and Claude Campbell.
On the 31st May 2001, Annie Mavis Campbell the mother of Florence Campbell and Claude Campbell appellant herein took out and was granted letters of Administration in respect of the estate of Claude Melvinson Campbell (deceased).
In the judgement delivered by High court judges Hon. Justice B Halloway, Hon.Justice Jamesina EL King, Hon.Mrs Justice F Bintu Alhadi that the Vesting of all that property situated at 22 Waterloo Street Freetown in the Western Area of Sierra Leone, being the subject matter of the Appeal herein, by Annie Mavis Campbell Administrator of the Estate of Claude Victor Melvinson Campbell Deceased intestate, in herself to the exclusion of Florence Campbell and Claude Campbell Appellant’s.
The other beneficiaries of the deceased aforesaid, by way of vesting deed dated 9th May 2006 registered at 18 of the records book of conveyances kept in the office of the registrar general in Freetown is invalid, null and void and of no effect, and that the said vesting deed is hereby set aside and ordered to be expunged from the record books of conveyances.
And also hereby declared that the sale of the property forming part of the estate of Claude Victor Melvinson Campbell (deceased) interstate at 22 Waterloo Street aforesaid without the consent of Florence Campbell and Claudia Campbell the other beneficiaries of the said Estate or without obtaining an order of the court or judge authorizing the sale aforesaid by Annie Mavis Campbell the Administrator of the Deceased intestate afore said to Mohamed Tunde McCarthy.
The Respondent is hereby invalid, null and void and of no effect and that the deed of conveyance dated 6th July 2010 and made between the said Annie Mavis Campbell and the said Respondent and registered at page 42 of the Record books of conveyance kept in the office of the registrar general in Freetown, in respect of the property aforesaid is hereby set aside and ordered to be expunged from the said record books of conveyances.
That the property at 22 Waterloo Street aforesaid be immediately recovered from the said Respondent and all those whom the said Respondent has allowed occupation of, by the Estate of Claude Victor Melvinson Campbell (Deceased) interstate.
And on conclusion that the costs of and occasioned by the appeal herein and at the court below be borne by the said Respondent, the same which is to be taxed if not agreed upon.
Representation for the Appellant is R. Johnson Esq and for the Respondent C. Hottobah During Esq.
