C.C 131/2010    2010                    B.                           NO. 35

IN THE HIGH COURT OF SIERRA LEONE

(COMMERCIAL AND ADMIRALTY DIVISION)

Between:   HAIM BITON

Tombodu, Kamara Chiefdom,

Kono District.

And

 AQUALAKE KAMARA {KAMAA} S.L. LTD

C/o Freetown Nominees,

17 Wallace Johnson Street,

Freetown.

and

THE KAMARA CHIEFDOM COUNCIL      –         PLAINTIFFS

Kono District

AND

MANFRED RUZOW

ABRAHAM FLUK,                                        -          DEFENDANTS

Kono District,

Sierra Leone. 

 LEGAL NOTICE

TO MANFRED RUZOW

AND

ABRAHAM FLUK

Kono District

Sierra Leone                              - Defendants

TAKE NOTICE that an action has been commenced against you in the High Court of Sierra Leone numbered as above by the issue of a specially indorsed Writ of Summons dated the 4th June 2010 in which the Plaintiffs claim against you the following:

1) A declaration that certain Plant, Equipment, Machinery and Vehicle presently kept at NDMC Compound in the custody of BASAMA DIAMONDS LTD. Belong to the Plaintiffs exclusively.

2) A perpetual injunction restraining the Defendants by themselves, their Servants, Agents, Workmen or howsoever otherwise from interfering with the aforesaid, Plant, Equipment, Machinery and Vehicles, or from removing or attempting to remove the same pending the hearing and determination of this Action.

3) Recovery of Possession of the aforesaid, Plant Equipment, Machinery and vehicles as well as 257.78 carats of Diamonds successfully mined by the Plaintiffs at their Mining site, now in the possession of the Defendants.

,4) The sum of Three Hundred Thousand U.S dollars {$300,000/00} due to the Plaintiffs from the Defendants.

5) Damages in Detinue.

6) Any Further or Other Order as the Court may deem fit

7) THE COSTS OF THE ACTION

AND FURTHER TAKE NOTICE that it has been ordered by the High Court by Order made on the 6th day of July 2010 that personal service of this Writ of Summons BE DISPENSED WITH and that the said Writ of Summons be served on you by Substituted Service, that it to say, by advertisement in a prominent Local Newspaper in two (2) consecutive Publications.  

IT HAS BEEN FURTHER ORDERED that if you wish to defend this Action you are to enter appearance thereto either personally or by a Solicitor at the Master’s Office, High Court, Siaka Stevens Street, Freetown within 14 days after the Second Publication of this Notice.

DATED THIS 26the DAY OF JULY 2010.

………………………………

FOR JENKINS-JOHNSON & CO

Solicitors for the Plaintiffs.