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NOTICES & DOCUMENTS  

Attention: Mr. Patrick Samura 13 Sheriff Drive, Malama-Lumley, Freetown
By
May 27, 2010, 17:00
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C.C105 /10 2010 M. NO. 5

IN THE HIGH COURT OF SIERRA LEONE
(LAND AND PROPERTY DIVISION)

BETWEEN:-
CHRISTIANA AMBA MOORE - PLAINTIFF/APPLICANT
24 SHERIFF DRIVE, MALAMA, LUMLEY, FREETOWN
AND
PATRICK SAMURA - DEFENDANT/RESPONDENT
13 SHERIFF DRIVE, MALAMA-LUMLEY, FREETOWN

BEFORE THE HONOURABLE MRS. JUSTICE C. L. TAYLOR (JUDGE)
DATED THE 5TH DAY OF MAY 2010.

UPON READING the Ex-Parte Notice of Motion dated 26th day of April, 2010 and Affidavit in Support sworn to on the 26th day of April, 2010, together with the Exhibits 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 in the matter herein be dispensed with.
2. That the said Writ of Summons is to be served by the Plaintiff/Applicant on the Defendant/Respondent by advertisement in two 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 2nd Publication.
4. That the costs of this application shall be costs in the cause.

COURT ORDER

JAMES M. FORHAN-SESAY ESQ.
31 OLD RAIL WAY LINE, BROOKFIELDS, FREETOWN
SOLICITOR FOR THE PLAINTIFF/APPLICANT
SIERRA LEONE C.C/05/10 2010 M. NO5
(TO WIT)

IN THE HIGH COURT OF SIERRA LEONE
(LAND AND PROPERTY DIVISION)

BETWEEN:-
CHRISTIANA AMBA MOORE - PLAINTIFF
24 SHERIFF DRIVE, MALAMA, LUMLEY, FREETOWN
AND
PATRICK SAMURA - DEFENDANT/RESPONDENT
13 SHERIFF DRIVE, MALAMA-LUMLEY, 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 the Armed Forces, Fountain Head of Unity, Honour, Freedom and Justice.

TO:- PATRICK SAMURA, 13 SHERIFF DRIVE, MALAMA-LUMLEY, 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 CHRISTIANA AMBA MOORE

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 9th day of April in the year of our Lord, 2010.

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/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 enters 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:

1. Specific Performance of an Agreement between the Parties for the sale of a piece or parcel of land and hereditaments situate at Pipe Line Road. Off Main Regent Road, Malama, Lumley, Freetown, for which the Plaintiff paid the Defendant the sum of Le.8,500,000/00 (Eight Million Five Hundred Thousand Leones).
2. An Injunction restraining the Defendant whether by himself, his servants. agents, privies or howsoever called from entering upon or remaining upon, or from selling, leasing or renting any portion or the whole of the said property.
3. An Order that the Defendant do convey the said piece or parcel of land to the Plaintiff, failing which the Master and Registrar of the High Court be empowered to execute the said Deed of Conveyance.
4. Costs of the action

PARTICULARS OF CLAIM

1. The Plaintiff is and was at all material times, the fee simple owner and person entitled to all that piece or parcel of land and hereditaments situate, lying and being at Pipe Line Road, Off Main Regent Road, Malama- Lumley Freetown, in the Western Area of the Republic of Sierra Leone.
2. The Defendant is and was at all material times a trespasser on the Plaintiffs said piece of land.
3. Sometime in 2004, the Defendant entered into an Agreement with the Plaintiff, for the sale to her of a piece or parcel of land and hereditaments situate, lying and being at Pipe Line Road, Off Main Regent Road, Malama. Lumley, Freetown, consequent upon which the Plaintiff paid the sum of Le8,500,000/00 (Eight Million, Five Hundred Thousand Leones), to the Defendant, leaving the balance of Le.3,500,000/00 (Three Million, Five Hundred Thousand Leones).
4. Upon the advice and instructions of the Defendant, the Plaintiff hired the services of a Licensed Surveyor, to survey the said land and an Advanced Survey Plan was produced.
5. However, the Defendant kept persistently harassing the Plaintiff to pay him all the balance amount for the land, even though the Survey Plan had not been ratified/signed, by the Director of Surveys and Lands, and a Deed of Conveyance prepared in favour of the Plaintiff, for his (Defendants) execution.
6. The Plaintiff refused to pay the Defendant all the balance amount remaining, as her documents were still being processed and instead asked him to wait until every documentation has been processed and a Deed of Conveyance prepared for his execution but the Defendant became angry and promised never to execute a Conveyance in favour of the Plaintiff, in respect of the said land.

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 Solicitors within ..............days from service hereof further proceedings will be stayed.

7. When the Survey Plan was subsequently signed and a Deed of Conveyance in favour of the Plaintiff prepared, the Defendant was accordingly contacted but he deliberately failed and/or refused to execute it. In fact, the Defendant has even attempted to resell the said land to another person, who is now constructing a mud structure in the said land.
8. All attempts to get the Defendant, to execute a Deed of Conveyance in favour of the Plaintiff have proved futile.
9. As a result, the Defendant has threatened and very much intend to resell the said land to someone else for a higher price, unless restrained by an Injunction from this Honourable Court.

WHEREFORE THE PLAINTIFF CLAIMS

1. Specific Performance of an Agreement between the Parties for the sale of a piece or parcel of land and hereditaments situate at Pipe Line Road, Off Main Regent Road, Malama, Lumley, Freetown, for which the Plaintiff paid the Defendant the sum of Le8,500,000/00 (Eight Million Five Hundred Thousand Leones).
2. An Injunction restraining the Defendant whether by himself, his servants, agents, privies or howsoever called from entering upon or remaining upon, or from selling, leasing or renting any portion or the whole of the said property.
3. An Order that the Defendant do convey the said piece or parcel of land to the Plaintiff, failing which the Master and Registrar of the High Court be empowered to execute the said Deed of Conveyance.
4. Costs of the action

The writ was issued by JAMES M. FORNAH-SESAY ESQ., of and whose address for service is 31 OLD RAILWAY LINE, BROOKFIELDS, FREETOWN,

Solicitor for the Plaintiff who resides at No. 24 Sheriff Drive, Malama, Lumley, Freetown.


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