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NOTICES & DOCUMENTS  

Attention; Mr. Idrissa Mansaray Stone C/o Central Prisons, Pademba Road, Freetown
By
Apr 14, 2010, 17:06
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Attention; Mr. Idrissa Mansaray Stone C/o Central Prisons, Pademba Road, Freetown

 

CC: 15/10 2010 S. NO. 2

IN THE HIGH COURT OF SIERRA LEONE

BETWEEN: -
MRS ELIZABETH SESAY PLAINTIFF/APPLICANT
18 FERGUSSON STREET
FREETOWN

AND

MR IDRISSA MANSARAY (STONE) - DEFENDANT/RESPONDENT
C/O CENTRAL PRISONS
PADEMBA ROAD
FREETOWN

BEFORE THE HONOURABLE MRS. JUSTICE C. L. TAYLOR (JUDGE)

DATED THE 26TH DAY OF MARCH 2010.

UPON READING the Ex-Parte Notice of Motion dated 17th day of March, 2010 and Affidavit in Support sworn to on the 17th day of March, 2010, together with the attached thereto AND UPON HEARING JAMES M. FORNAH-SESAY ESQ, of Counsel for the Plaintiff/Applicant,
IT IS THIS DAY ORDERED AS FOLLOWS:

.1. That Personal Service of the Writ of Summons by the Plaintiff on the Defendant be dispensed with.
2. That the said Writ of Summons be served by Publication in two (2) Editions of any of the widely read local Newspapers.
3. That the Defendant is to enter an Appearance or cause an Appearance to be entered on his behalf within Fourteen (14) days of the last Publication in the Newspaper.
4. That the costs of this application shall be costs in the cause.

BEFORE ME
CERTIFIED TRUE COPY MASTER & REGISTRAR
MASTER & REGISTRAR

CC: 15/10 2010 S. NO. 2

IN THE HIGH COURT OF SIERRA LEONE

BETWEEN: - MRS ELIZABETH SESAY - PLAINTIFF/APPIICANT
18 FERGUSSON STREET
FREETOWN

AND

MR IDRISSA MANSARAY (STONE) - DEFENDANT/ RESPONDENT
C/O CENTRAL PRISONS
PADEMBA ROAD
FREETOWN


                                       COURT ORDER

JAMES FORNAH-SESAY ESQ
31 OLD RAILWAY LINE
FREETOWN
SOLICITOR FOR THE PLAINTIFF/APPLICANT

SIERRA LEONE C.C. 15/10 20010 S NO.2
(TO WIT) LS

IN THE HIGH COURT OF SIERRA LEONE

(LAND AND PROPERTY DIVISION)Between: - MRS. ELIZABETH SESAY - PLAINTIFF
18 FERGUSSON STREET
FREETOWN

AND

MR. IDRISSA MANSARAY (STONE) - DEFENDANT
C/O CENTRAL PRISONS
PADEMBA ROAD
FREETOWN

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

TO:- MR. IDRISSA MANSARAY (STONE)
C/O CENTRAL PRISONS
PADEMBA ROAD
FREETOWN

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

MRS. ELIZABETH SESAY

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 HONOURABLE JUSTICE UMU HAWA TEJAN-JALLOH, Chief Justice of Sierra Leone at Freetown the 14 day of Jan. in the year of our Lord, 2009

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 dale, 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/she desires, enter his/her appearance by post and appropriate forms may be obtained by sending a postal order for Le 300.00 with an addressed envelop, 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 from 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 the following:

1.Forfeiture of Lease Agreement dated 12lh March, 2007 expressed to be made between the Plaintiff and the Defendant, in respect of the demised premises at No. 14 Greenville Lane, Off Wilkinson Road, Freetown, in the Western Area of the Republic of Sierra Leone.
2. Recovery of possession of premises at No. 14 Greenville Lane, Off Wilkinson Road, Freetown in the Western Area of the Republic of Sierra Leone.
3. Damages for breach of contract.
4. Special Damages
5. Any other Order (s) that this Honourable Court may deem fit and just.
6. Costs.

PARTICULARS OF CLAIM: -

1) The Plaintiff is and was at all material times to this action the Landlady in respect of premises at No. 14 Greenville Lane, Off Wilkinson Road, Freetown and the Defendant a Tenant of the said premises.
2) On the 12th day of March, 2007, the Plaintiff and the Defendant entered into a Tenancy Agreement, Clause 1 of which said Agreement required the Defendant to pay rent in the sum of Le3,000,000.00 (Three Million Leones) payable annually in advance on the 1st day of April of each year and Clause 2(iv) of the said Agreement forbids the Defendant to inter-alia sublet the said premises, without the previous consent of the Landlord (the Plaintiff herein) in writing.
3) In blatant breach of the said Tenancy Agreement, the Defendant has failed to pay his rent and has also sublet the said premises without the consent of the Plaintiff in writing or whatsoever.
4) The Plaintiff has since then written several letters through her Solicitors drawing the attention of the Defendant to first; the rent and then the subletting but the Defendant ignored her and further asked her to do anything she feels like.
5) The Defendant has since then failed to correct his breach of the Tenancy Agreement and all efforts to get him to cooperate have failed.
6) The Plaintiff has since suffered undue stress and hardship.

PARTICULARS OF LOSS

1 . Costs of Jiving Solicitors to litigate - Le6.000,000.00
Le6.000,000.00

THEREFORE THE PLAINTIFFS CLAIM: -

1. Forfeiture of Lease Agreement dated 121'1 March. 2007 expressed to be made between the Plaintiff and the Defendant, in respect of the demised premises at No. 14 Greenville Lane, Off Wilkinson Road, Freetown, in the Western Area of the Republic of Sierra Leone.
2. Recovery of possession of premises at No. 14 Greenville Lane, Off Wilkinson ;Road, Freetown in the Western Area of the Republic of Sierra Leone.
3. Damages for breach of contract.
4. Special Damages
5. Any other Order (s) that this Honourable Court may deem fit and just
6. Costs.

This Writ was issued by M. S. TURAY & ASSOCIATES of and whose address for Service is SPANCHO. CHAMBERS, NO. 4A LIGHTFOOT BOSTON STREET, Freetown Solicitors for the Plaintiff who resides at 18 FERGUSSON STREET. FREETOWN aforesaid.

M. S. TURAY & ASSOCIATES
PLAITNIFF S SOLICITORS


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