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NOTICES & DOCUMENTS : Legal Matters  

Extracts from Supreme Court's Ruling on Bu-Buakei Jabbi versus SLPP
By Legal Correspondents
Jul 22, 2011, 17:02
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EXTRACTS FROM THE RULING BY

HON. CHIEF JUSTICE UMU-HAWA TEJAN-JALLOH

IN THE MATTER OF

DR. BU-BUAKEI JABBI

VERSUS

THE SIERRA LEONE PEOPLES PARTY & OTHERS

DELIVERED ON TUESDAY 19TH JULY 2011

 

...The parties have now applied to this court to give effect to a Consent Judgment involving several declarations, discontinuance of the substantive action and the discharge of the Injunction granted on 28th February 2011.

 

...The expression Consent Judgment in my opinion suggests an agreed compromise between the parties of a lawsuit, to a judgment, which judgment then becomes the final settlement of the action...

 

...Most Consent Judgments are confined to actions instituted by Writ of Summons, Interlocutory Motions and applications for specific purposes. However, the damage and defect of such judgments, are that sometimes the form and terms of such judgments are inconsistent with the issues in the action before the court and might not be the basis of the judgment of the court if the action goes to trial. The court must therefore tread carefully when giving effect to Consent Judgements...

 

...With the greatest respect, the Consent Judgment appears to contain extraneous matters which would not have been countenanced if the action had gone on to trial and judgement given. The original action brought to this court, it must be remembered, is not a straight forward civil action. It was an action, amongst others, for the Interpretation of the National Constitution and declarations thereof...

 

...Looking at the said Consent Judgment, this court cannot give effect to the said declarations since any declaration made must be based on the interpretation of the National Constitution... In any case, matters contained in the said declaration are matters for the internal consumption or information of party members, supporters and sympathisers and not for the Supreme Court. In the result, this court is unable to sanction that part of the Consent Judgment dealing with the requested Declarations...

 

...I pause here to comment on the absence of Dr. Bu-Buakei Jabbie, the Plaintiff in the original action. He sent no communication to the Registrar of the Supreme Court as to explain his absence or his current whereabouts. I take the greatest exception to such a callous behaviour from a senior member of the Bar, in view of the well known fact that the Supreme Court is indisputably the ultimate court in the land.

 

...I hereby order that Dr. Bu-Buakei Jabbi pays to us, the sum of Five Million Leones Costs which he is to pay forthwith to the Judiciarys sub-treasury.

 

...However, I accept the application for the discontinuance of the action instituted on the 14th February 2011. In this regard, I order the discontinuance of the action. It is accordingly dismissed. I also order the discharge of the injunction granted on the 28th February 2011.


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