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NOTICES & DOCUMENTS  

In The High Court Of Sierra Leone (Land And Property Division)
By
Jan 29, 2009, 17:00
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IN THE HIGH COURT OF SIERRA LEONE

(LAND AND PROPERTY DIVISION)


BETWEEN:-

MR. JUSTICE CORNELIUS A, HARDING  -PLAINTIFF

30 LUMLEY ROAD

WILBERFORCE SPU

FREETOWN

A N D

CECILIA JUSU                            -1ST DEFENDANT

PENINSULAR ROAD

GODERICH

FREETOWN

ANSU MOSERAY                      -2ND DEFENDANT

 

PENINSULA ROAD

GODERICH

FREETOWN

MADAM MARIAMA JABBIE          -3RD DEFENDANT

PENINSULA ROAD

GODERICH

FREETOWN

ABDULAI KAMARA A.K.A.  BAD SEVEN - 4TH DEFENDANT

10 BUSH WATER ROAD

GODERICH

 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:        


CECILIA JUSU, ANSU MOSERAY, MADAM MARIAMA JABBIE, ABDULAI KAMARA A.K.A. BAD SEVEN                          


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: MR. JUSTICE CORNELIUS A. HARDING               


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


Witness the Honorable CHIEF JUSTICE UMU TEJAN JALLOH    acting 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 Masters 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 Defendant is for:

 

1) A declaration that the plaintiff is the owner and person entitled to possession of all that piece and parcel of land situate lying and being at Peninsula Road, Goderich, Freetown in the Western Area of the Republic of Sierra Leone measuring 0.2462 Acre and delineated on survey plan No. LS 1092/57 dated 3rd December 1957

2) Delivery up of possession of the said piece or parcel of land by the Defendants whether by themselves, their servants, workmen, agents or privies and any person(s) claiming right of entry upon the said land or part thereof.

3) Damages for trespass.

4) Setting aside the following deeds of conveyances kept in the office of the Registrar-General in Freetown

a. Abdulai Kamara to Cecilia Jusu dated the 4th August 2000 registered as No. 988/2000 in Volume 532 at Page 142.

b. Voluntary conveyance of Abdulai Kamara dated the 22nd October 1998 registered as No 104/98 in Volume 43 at page 41

5) An injunction restraining the defendants whether by themselves, their servants, workmen, agent or privies and any person(s) claiming right of entry upon the said land or part thereof from entering or remaining or trespassing or otherwise interfering with the said land or otherwise from doing any acts upon the said land or any part thereof inconsistent with the rights of the plaintiff.

6) Delivery up and  cancelling Deeds, Instruments, Plan and other  documents and consequential rectification of all appropriate registers and  in particular  statutory declaration of title  made by Abdulai Kamara and Salu Sesay registered as  No. 104 at page 41 in volume 43 and conveyance  made between the said Abdulai Kamara and Cecilia Jusu  therein described as purchaser of the other part  dated the 4th day of August 2000 and registered as No 988/2000 at page 1422 in volume 532 in the Record  Book of Conveyances  kept in the office of the Registrar-General in Freetown

7) Any further or other relief(s) that this honourable court deems fit.

8) Costs


PARTICULARS OF CLAIM


1) The Plaintiff is and was at all material times to this action the fee simple owner and entitled to that entire piece or parcel of land situate lying and being at Peninsula Road, Goderich, Freetown, measuring 0.2462 Acre and delineated on survey plan No. LS 1092/57 dated 3rd December 1957 which said survey plan is intended to from part of this statement of claim, he having acquired the same by virtue of Deed of Conveyance dated 3rd day of December 1957, expressed to be made from Samuel Adonijah Reffell to Cornelius Augustine Harding and registered as No. 75/61 in Volume 198 at page 114 in the record book of conveyances kept in the office if the Registrar-General of Sierra Leone in Freetown.

2) The Plaintiff maintains that since acquiring the freehold of the said piece or parcel of land, he has been in lawful possession thereof together other pieces and parcels of land adjacent thereto all forming one plot of land comprising of  29.2114 acres as delineated in survey plan numbered L.S 1707/75 dated 6th August 1975 until sometime during the political interregnum when the defendants commenced trespassing thereon.

3) Prior to the defendants trespassing on the said land the plaintiff with the assistance of the Ministry of Agriculture had established a vast plantation thereon.

4) On 2nd May 2008 the plaintiff Solicitor wrote to the defendants complaining of the trespass and demanding that the 1st and 2nd defendant to quit from the land and maintaining the 3rd defendant to furnish him with the names and addresses of all those whom he had purported to make dispositions of the plaintiffs land by virtue of the Statutory Declaration referred to him in paragraph 5 of the statement of claim.

5) The defendants have failed to comply with the aforesaid demands.


WHEREFORE THE PLAINTIFF CLAIMS


2. A declaration that the plaintiff is the owner and person entitled to possession of all that piece and parcel of land situate lying and being at Peninsula Road, Goderich, Freetown in the Western Area of the Republic of Sierra Leone measuring 0.2462 Acre and delineated on survey plan No. LS 1092/57 dated 3
rd December 1957

3. Delivery up of possession of the said piece or parcel of land by the Defendants whether by themselves, their servants, workmen, agents or privies and any person(s) claiming right of entry upon the said land or part thereof.

4. Damages for trespass.

5. Setting aside the following deeds of conveyances kept in the office of the Registrar-General in Freetown

a. Abdulai Kamara to Cecilia Jusu dated the 4th August 2000 registered as No. 988/2000 in Volume 532 at Page 142.

b. Voluntary conveyance of Abdulai Kamara dated the 22nd October 1998 registered as No 104/98 in Volume 43 at page 41

6. An injunction restraining the defendants whether by themselves, their servants, workmen, agent or privies and any person(s) claiming right of entry upon the said land or part thereof from entering or remaining or trespassing or otherwise interfering with the said land or otherwise from doing any acts upon the said land or any part thereof inconsistent with the rights of the plaintiff.

7. Delivery up and  cancelling Deeds, Instruments, Plan and other  documents and consequential rectification of all appropriate registers and  in particular  statutory declaration of title  made by Abdulai Kamara and Salu Sesay registered as  No. 104 at page 41 in volume 43 and conveyance  made between the said Abdulai Kamara and Cecilia Jusu therein described as  purchaser  of the other part  dated the 4th day of August 2000 and registered as No 988/2000 at page 1422 in volume 532 in the record  book of conveyance  kept in the office of the Registrar-General  Freetown

8. Any further or other relief(s) that this honourable court deems fit.

9. 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 No30 Lumley Road Wilberforce Spur Freetown.

                                                                                                                                               

                                                                      PLAINTIFFS   SOLICITORS


© Copyright by Awareness Times Newspaper in Freetown, Sierra Leone.

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