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NOTICES & DOCUMENTS : Legal Matters  

Attention: MR MANU KANIOUS KARGBO of 56 PAMURONKOH TOWN, CALABA TOWN
By
Jul 5, 2010, 13:13
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IN THE HIGH COURT OF SIERRA LEONE
(LAND AND PROPERTY DIVISION)

BETWEEN:-

MR SOLOMON BAIMBA MANSARAY - PLAINTIFFS/APPLICANTS
MRS RAMATU MANSARAY (NEE SUMA)
(SUING BY THEIR ATTORNEY)
MR FODAY MAHMOUD WAGAY)
NO. 55 KELSEY ROAD
KISSY DOCK YARD
FREETOWN

AND

MR MANU KANIOUS KARGBO - DEFENDANT/RESPONDENT
NO. 56 PAMURONKOH TOWN
CALABA TOWN
FREETOWN

BEFORE THE HONOURABLE MRS. JUSTICE C. L. TAYLOR (JUDGE) DATED THE 5 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 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.

BEFORE ME

MASTER & REGISTRAR

C.C. 115/10 2010 M. NO. 7

IN THE HIGH COURT OF SIERRA LEONE

(LAM) AND PROPERTY DIVISION)

BETWEEN:-

MR SOLOMON BAIMBA MANSARAY - PLAINTIFFS/APPLICANTS
MRS RAMATU MANSARAY (NEE SUMA)
(SUING BY THEIR ATTORNEY
(MR FODAY MAHMOUD WAGAY)
NO. 55 KELSEY ROAD
KISSY DOCK YARD
FREETOWN

AND

MR MANU KANIOUS KARGBO - DEFENDANT RESPONDENT
NO. 56 PAMURONKOH TOWN
CALABA TOWN
FREETOWN

COURT ORDER

JAMES FORNAH-SESAY ESQ.
31 OLD RAIL WAY LINE
BROOKFIELDS
FREETOWN
SOLICITOR FOR THE PLAINTIFF/APPLICANT

SIERRA LEONE: C.C./ 15 /10 2010 M. NO.7 (TO WIT)

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

BETWEEN:-

MR SOLOMON BAIMBA MANSARAY - PLAINTIFFS/APPLICANTS
MRS RAMATU MANSARAY (NEE SUMA)
(SUING BY THEIR ATTORNEY)
MR FODAY MAHMOUD WAGAY)
NO. 55 KELSEY ROAD
KISSY DOCK YARD
FREETOWN

AND

MR MANU KANIOUS KARGB - DEFENDANT/RESPONDENT
NO. 56 PAMURONKOH TOWN
CALABA TOWN
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:- MR MANU KANIOUS KARGBO, NO. 56 PAMURONKOH TOWN, CALABA TOWN, 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

MR SOLOMON BAIMBA MANSARAY and MADAM RAMATU SUMA (SUING BY THEIR ATTORNEY MR. FODAY MAHMOUD WAGAY)

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 14th 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 desire, 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:

1. Specific performance of an Agreement of the Sale of a piece or parcel of land situate, lying and being at Kargbo Drive, Off Airport Ferry Road. Targrin Area, Lungi, Kaffu Bullom Chiefdom, in The Port Loko District, in the Northern Province of the Republic of Sierra Leone, measuring an Area of 0.3256 Acre as delineated or described in the Survey Plan marked MLS 119/10 and dated the 3rd day of March, 2010.
2. An Injunction restraining the Defendant whether by himself, his servants, agents, privies or howsoever called from entering upon or remaining upon, or selling, leasing, mortgaging or renting or in any way whatsoever disposing 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. Any further or other Orders that this Honourable Court may deem fit and just.
5. Costs of the action.

PARTICULARS OF CLAIM

1. The Plaintiffs are and were at all materials times, a businessman and woman and persons entitled to all that piece or parcel of land and hereditaments situate, lying and being at Kargbo Drive, Off Airport Ferry Road. Targrin Area, Lungi, Kaffu Bullom Chiefdom, in The Port Loko District, in the Northern Province of the Republic of Sierra Leone.
2. The Defendant is and was at all material times the Vendor of the Plaintiffs in respect of the said piece of land.
3. That an Agreement of Sale dated 3rd day of August, 2009 was made between the Defendant (Mr. Manu K. Kargbo) and the Plaintiffs herein (Mr. Solomon Baimba Mansaray and Mrs. Ramatu Mansaray - nee Suma) in respect of the said piece or parcel of land.
4. Pursuant to the said Agreement of Sale, the Plaintiffs paid the agreed purchase price of Le55, 000,000/00 (Fifty-Five Million Leones) to the Defendant, who accordingly handed over to the Plaintiffs, copies of all the documents in his possession, performing to the said land, clearly indicating that the said Defendant was the sole owner of same, exclusive of every other person.
5. The Plaintiff almost immediately took full possession and control of the said property, as the bona fide owners absolute in possession of same.
6. Unfortunately, however, by letter dated 1st December, 2009, Solicitor for the Defendants purported wife, Mrs. Mary Kargbo wrote to the 1st Plaintiff that he should collect his money (the consideration paid), as the land belonged to the Defendant and his said wife jointly.

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. The 1st Plaintiff then went to the said solicitor and explained the transaction to him and he promised to explain to his Client.
8. At the payment of the Consideration to the Defendant, he faithfully promised to execute a Deed of Conveyance in favour of the Plaintiffs, as soon as their Survey Plan is signed by the Director of Surveys and Lands, and a Conveyance prepared.
9. That when the Survey Plan was signed, the Plaintiffs Solicitor wrote the Defendant Letter dated 14lh March, 2010 but he refused to execute the said Conveyance in favour of the Plaintiffs. In fact, the Defendant is dodging all attempts to get him to execute same proved futile.
10. The Defendant then consulted his Solicitor, who responded to the said letter, by Letter dated 22nd March, 2010, insisting that even though the title to the said property was solely in the name of the Plaintiff, yet still he owned it together with his said wife.
11. The Plaintiffs are anxious to get their Deed of Conveyance executed, moreso, as the Defendant has connived with his wife. Mrs. Man- Kargbo, to reject the sale of the said land to the Plaintiffs, and even sell the land to someone else at a much higher price, unless restrained by an Injunction from the High Court from dosing so.
12. The Plaintiffs aver that since the money was paid to the Defendant and the Survey Plan eventually signed by the Director of Surveys and Lands, and a Deed of Conveyance prepared in favour of the Plaintiffs, the Defendant has refused to convey to him.

WHEREFORE THE PLAINTIFFS CLATMS

1. Specific performance of an Agreement of the Sale of a piece or parcel of land situate, lying and being at Kargbo Drive, Off Airport Ferry Road, Targrin Area, Lungi, Kaffu Bullom Chiefdom, in The Port Loko District, in the Northern Province Of The Republic of Sierra Leone, measuring an Area of 0.3256 Acre as delineated or described in the Survey Plan marked MLS119/10 and dated the 3rd day of March, 2010.
2. An Injunction restraining the Defendant whether by himself, his servants, agents, privies or howsoever called from entering upon or remaining upon, or selling, leasing, mortgaging or renting or in any way whatsoever disposing 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. Any further or other Orders that this Honourable Court may deem fit and just.
5. 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 Plaintiffs Attorney who resides at No. 55 Kelsey Road. Kissy Dock Yard, Freetown.

JAMES M. FORNAH-SESAY ESQ.
PLAINTIFFS SOLICITOR


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