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NOTICES & DOCUMENTS  

In The High Court Of Sierra Leone Land And Property Division
By
Jan 28, 2009, 15:20
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CC 342 /08 2008 H . NO.6
SIERRA LEONE
(TO WIT)

IN THE HIGH COURT OF SIERRA LEONE
LAND AND PROPERTY DIVISION

BETWEEN:-

DR. LEN GORDON HARRIS - PLAINTIFF
(SUING AS EXECUTOR OF THE ESTATE OF ROXY HARRIS)
34 BATHURST STREET
FREETOWN

AND

SIDIQUE JANNEH -DEFENDANT
55 FREETOWN ROAD
LUMLEY
FREETOWN

By His Excellency the President of the Republic of Sierra Leone, Supreme Head of State, Grand Commander of the Order of the Republic, Commander-in-chief of the Armed Forces, Fountain Head of Unity, Honour, Freedom and Justice.

TO: SIDIQUE JANNEH

WE command you that within 14 days after the service of this writ on you, inclusive of the day of such service, you do cause an appearance to be entered for you in the High Court of Sierra Leone in an Action at the suit of DR. LEN GORDON HARRIS ( Suing as Executor of the Estate of Roxy Harris)

And take notice that in default of your so doing the Plaintiff may proceed therein, and judgment may be given in your absence.

Witness the Honorable UMU TEJAN JALLOH Chief Justice of Sierra Leone at Freetown, the day of in the year of Our Lord, 2008.

………………………………………….

Master And Registrar

N.S.— This Writ is to be served within twelve calendar months from the date thereof, or if renewed, within six calendar months from the date of the renewal, including the day of such date, and not afterwards. The Defendant may appear hereto by entering an Appearance either personally or by Solicitor at the Master’s Office High Court of Sierra Leone.

A Defendant appearing personally may if he desire, enter his appearance by post and appropriate forms may be obtained by sending a postal order for Le300.00 with an addressed envelope, foolscap size to the Master and Registrar, High Court, Freetown.

If the Defendant enter an appearance he must also deliver a defence within ten (10) days of the last day of the time limited for appearance unless such time is extended by the Court or Judge, otherwise Judgment may be entered against him without notice, unless he has in the meantime been served with a Summons for Judgment.

STATEMENT OF CLAIM

The Plaintiffs Claim against the Defendants jointly and severally are for:

1. Recovery of immediate possession of basement flat/shop premises situate lying and being at No. Pademba Road, Freetown.
2. Recovery of the total sum of US$2,000.00 (Two Thousand United States Dollars) or the equivalent of Le6,010,000.00 ( Six Million and Ten Thousand Leones) as arrears of rent for the period 1st August 2006 to 31st July 2007.
3. Recovery of the sum of US$6.00 (Six United States Dollars) or the equivalent of Le18,030.00 ( Eighteen Thousand and Thirty Leones) per day as Mense Profit as from 1st August 2007 to the date if actual delivery of vacant possession of the defendant.
4. Interest on the said sums at the rate of 35% per annum
5. Any further Order(s) that this Honourable Court may deem just.
6. Costs

PARTICULARS OF CLAIM

1. The Plaintiffs as Executor of the Estate of Roxy J Harris (deceased) is and was at all material times to this action the landlord of premises situated at No. 40 Pademba Road, Freetown and the defendant a Tenant of the plaintiff in respect of the basement flat/shop of the said premises.
2. That the defendant became a tenant of the plaintiff by virtue of Lease Agreement dated the 1st day of August 2005 in which the defendant wad granted a term of one year certain with an option to renew for a further term of one year.
3. The defendant was by mutual consent allowed to exercise the option for a further term of one year, the said option term to expire on the 31st of July 2007.
4. The defendant other than paying rent for the first year owes arrears if rent in the amount of US$2,00.00 ( Two Thousand United States Dollars) or the equivalent of Le6,010,000,00 (Six Million and Ten Thousand Leones) for the option period of his leaser despite repeated oral and written demands
5. The defendant’s lease expired by effluxion of time on the 31st day of July 2007
6. Bt letter dated 18th August, 2008, the plaintiff by his solicitors demanded arrears of rent, vacant possession of the premises the subject matter of this action and also notified the defendant that mense profits of US$6.00 (Six United States Dollars) per day will be charged for each day of the unlawful occupation of the premises by the Defendant.
7. The defendant continues to unlawfully occupy the premises of the plaintiff including subletting portions of same in violation of Clause (1) (x) of the Lease Agreement dated 1st August 2005 with the plaintiff.
8. Despite repeated demands by the plaintiff and his solicitors, the Defendant has (other than making both oral and written undertakings to pay rent due and owing and to vacate the premises) refused to pay the Plaintiff arrears of rent, mense profits and or vacate the premises of the plaintiff unless ordered by his Honourbale Court.

WHEREFORE THE PLAINTIFF’S CLAIM

1. Recovery of immediate possession of basement flat/shop premises situate lying and being at No. Pademba Road, Freetown.
2. Recovery of the total sum of US$2,000.00 (Two Thousand United States Dollars) or the equivalent of Le6,010,000.00 ( Six Million and Ten Thousand Leones) as arrears of rent for the period 1st August 2006 to 31st July 2007.
3. Recovery of the sum of US$6.00 (Six United States Dollars) or the equivalent of Le18,030.00 ( Eighteen Thousand and Thirty Leones) per day as Mense Profit as from 1st August 2007 to the date if actual delivery of vacant possession of the defendant.
4. Interest on the said sums at the rate of 35% per annum
5. Any further Order(s) that this Honourable Court may deem just.
6. Costs

 

……………………….

C O U N S E L

And the sum of Le for costs or such sum as may be allowed on taxation and if the amount claimed be paid to the Plaintiff or his Solicitor within days from services hereof further proceedings will be stayed.

This writ was issued by MACAULEY, BANGURA & CO whose address

for service is 4th Floor U.M.C. Building 31 Lightfoot Boston Street, Freetown,

Solicitors for the Plaintiff who resides at No. 34 Bathurst Street Freetown.

…………………………………………

PLAINTIFF’S SOLICITORS

Signed
Address


WRIT OF SUMMONS

 
MACAULEY, BANGURA & CO
4TH FLOOR
U.M.C. BUILDING
31 LIGHTFOOT BOSTON STREET
FREETOWN.
SOLICITORS FOR THE PLAINTIFF


CC/08 2008 H. NO.06
SIERRA LEONE
(TO WIT)

IN THE HIGH COURT OF SIERRA LEONE
LAND AND PROPERTY DIVISION

BETWEEN:

DR. LEN GORDON HARRIS - PLAINTIFF
(SUING AS EXECUTOR OF THE ESTATE OF ROXY HARRIS)
34 BATHURST STREET
FREETOWN

AND

SIDIQUE JANNEH -DEFENDANT
55 FREETOWN ROAD
LUMLEY
FREETOWN

LS By His Excellency the President of the Republic of Sierra Leone, Supreme Head of State, Grand Commander of the Order of the Republic, Commander-in-Chief of the Armed Forces, Fountain Head ofUnity, Honour, Freedom and Justice

TO: SIDIQUE JANNEH

WE command you that within 14 days after the service of this writ on you, inclusive of the day of such service, you do cause an appearance to be entered for you in the High Court of Sierra Leone in an Action at the suit of: DR. LEN GORDON HARRIS (Suing as Executor of the Estate of Roxy Harris).

And take notice that in default of your so doing the Plaintiff may proceed therein, and judgment may be given in your absence.

Witness the Honorable UMU TEJAN JALLOH Acting Chief Justice of Sierra Leone at Freetown, the 8th day of January, in the year of Our Lord, 2008.

 

……………………..

Master & Registrar

N.S.- This Writ is to be served within twelve calendar months from the date thereof, or if renewed, within six calendar months from the date of the renewal, including the day of such date, and not afterwards. The Defendant may appear hereto by entering an Appearance either personally or by Solicitor at the Master’s Office High Court of Sierra Leone.

A Defendant appearing personally may if he desire, enter his appearance by post and appropriate forms may be obtained by sending a postal order for Le 300.00 with an addressed envelope, foolscap size to the Master and Registrar, High Court, Freetown.

If the Defendant enter an appearance he must also deliver a defence within ten (10) days of the last day of the time limited for appearance unless such time is extended by the Court or Judge, otherwise Judgment may be entered against him without notice, unless he has in the meantime been served with a Summons for Judgment.

AMENED: PURSUANT TO ORDER (23) RULE (1) OF THE RULES OF THE HIGH COURT OF SIERRA LEONE (AS AMENDED) CONSTITUTIONAL INSTRUMENT NO.8 OF 2007

STATEMENT OF CLAIM

The Plaintiff’s Claim against the Defendant is for the following:

1. Recovery of immediate possession of basement flat/shop premises situate lying and being at No. 40 Pademba Road, Freetown.
2. Recovery of the total sum of US$ 2,000.00(Two Thousand United States Dollars) or the equivalent of Le 6,010,000.00 (Six Million and Ten Thousand Leones) as arrears of rent for the period 1st August 2006 to 31st July 2007.
3. Recovery of the sum of US$6.00 (Six United States Dollars) or the equivalent of Le 18,030.00(Eighteen Thousand and Thirty Leones) per day as Mense Profit as from 1st August 2007 to the date of actual delivery of vacant possession of the defendant.
4. Interest on the said sums at the rate of 35% per annum
5. Any further order(s) that this honorable court may deem fit and just.
6. Costs.

PARTICULARS OF CLAIM

1. The Plaintiff as Executor of the Estate of Roxy J. Harris (deceased) is and was at all material times to this action the landlord of premises situated at No. 40 Pademba Road, Freetown and the Defendant a Tenant of the Plaintiff in respect of the basement flat/shop of the said premises.
2. That the defendant became a tenant of the plaintiff by virtue of Lease Agreement dated the 1st day of August 2005 in which the Defendant was granted a term of one year certain with an option to renew for a further term of one year.
3. The Defendant was by mutual consent allowed to exercise the option for a further term of one year, the said option term to expire on the 31st of July 2007.
4. The Defendant other than paying rent for first year owes arrears of rent in the amount of US$2,000.00 (Two Thousand United States Dollars) or the equivalent of Le 6,010,000.00 (Six Million and Ten Thousand Leones) for the option period of his lease despite repeated oral and written demands.
5. The Defendant’s lease expired by effluxion of time on the 31st day of July 2007.
6. By letter dated 18th August 2008, the Plaintiff by his solicitors demanded arrears of rent, vacant possession of the premises the subject matter of this action and also notified the Defendant that mesne profits of US$6.00 (Six United States Dollars) per day will be charged for each day of the unlawful occupation of the premises by the Defendant.
7. The Defendant continues to unlawfully occupy the premises of the Plaintiff including subletting portions of same in violation of Clause (1)(X) of the Lease Agreement dated 1st August 2005 with the Plaintiff.
8. Despite repeated demands by the Plaintiff and his solicitors, the Defendant has (other than making both oral and written undertakings to pay rent due and owing and to vacate the premises) refused to pay the Plaintiff’s arrears of rent, mense profits and or vacate the premises of the Plaintiff unless ordered by this Honorable Court.

WHEREFORE THE PLAINTIFF CLAIMS

1. Recovery of immediate possession of basement flat/shop premises situate lying and being No. 40 Pademba Road, Freetown.
2. Recovery of the total sum of US$2,000.00(Two Thousand United States Dollars) or the equivalent of Le 6,010,000.00 (Six Million and Ten Thousand Leones) as arrears of rent for the period 1st August 2006 to 31st July 2007.
3. Recovery of the sum of US$6.00 (Six United States Dollars) or the equivalent of Le 18,030.00 (Eighteen Thousand and Thirty Leones) per day as Mense Profit as from 1st August 2007 to the date of actual delivery of vacant possession of the defendant.
4. Interest on the said sum at the rate of 35% per annum.
5. Any further order (s) that this honourable court may deem fit and just.
6. Costs

……………………….

COUNSEL

And the sum of Le 600 for costs or such as may be allowed on taxation and if the amount claimed be paid to the Plaintiff or his Solicitor within 4 days from services hereof further proceedings will be stayed.

This writ was issued by MACAULEY, BANGURA & CO. whose address for service is 4th Floor U.M.C Building 31 Lightfoot Boston Street, Freetown,

Solicitors for the Plaintiff who resides at 34 BATHURST STREET Freetown.

 

………………………………...

MACAULEY, BANGURA & CO

PLAINTIFF’S SOLICITORS

C.C. /08 2008. H. NO.
IN THE HIGH COURT OF SIERRA LEONE
LAND AND PROPERTY DIVISION

This Writ served by:

BETWEEN:

On the Defendant

DR. LEN GORDON HARRIS -PLAINTIFF
(SUING AS EXECUTOR OF THE ESTATE OF ROXY HARRIS
34 BATHURST STREET
FREETOWN

On the day of 2008

AND

Dated this day of 2008

SIDIQUE JANNEH -DEFENDANT
55 FREETOWN ROAD
LUMLEY
FREETOWN

Signed
Address

WRIT OF SUMMONS

 
MACAULEY, BANGURA & CO.
4TH FLOOR
U.M.C BUILDING
31 LIGHTFOOT BOSTON STREET
FREETOWN
SOLICITORS FOR THE PLAINTIFF


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