From Awareness Times Newspaper in Freetown

NOTICES & DOCUMENTS
In the high court of Sierra Leone (General civil division)
By
Feb 26, 2009, 17:00

Sierra Leone C.C 32/09/08 200-8 C. C NO 21
(To wit)

In the high court of Sierra Leone
(General civil division)

Between:- C&G Limited - PLAINTIFF
2 Kincardine street
Aberdeen
Freetown

And
Abdul T Jalloh - 1ST DEFENDANT
Goderich
Freetown
Alhaji Mohamed
New England - 2ND DEFENDANT
Goderich
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:(1) Abdul T.Jalloh New England, Goderich Freetown

(2) Alhaji Mohamed New England, Goderich 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

C & G LIMITED

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 MRS. JUSTICE HAWA UMU TEJAN-JALLOH, Acting Chief Justice of Sierra Leone at Freetown the 14 day of OCT in the year of out Lord, 2008

Master and Registrar

N.S- This Writ is to be served within twelve calendar months from the date therefore, 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 here by entering an Appearance either personally or by Solicitor at the Masters office, High Court of Sierra Leone.

A Defendant appearing personally may it 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 Master 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 s Summons for Judgment.

STATEMENT OF CLAIM

The Plaintiffs claim against the Defendant jointly and severally is for the following:-

1. Damage addressed as Le 50,000,000.00 (Fifty Million Leones)

Special Damages assessed at Le 41,768,000.00 (Forty-One Million Seven Hundred and Sixty-Eight Thousand Leones)Damages for Negligence.

Interest on the above sums at the rate of 15% from 18th June, 2008 until Judgment

Any further or other Relief (s) as this Honourable Court may deem fit and just.

Costs.

PARTICULARS OF CLAIM

The Plaintiff is at all material times to this action, aLimited Liability Company registered in Sierra Leone, pursuant to Cap 249 of the Laws of Sierra Leone 1960.

The 2nd Defendant is and was at all materials times to this action, the owner of Tipper with registration No. ADK 097, and the 1st Defendant, his drive, servant, employee and or agent.

on or about 18th June 2008, the 1st Defendant who during the cause of his employment, and whilst driving the said Tipper owned by the Defendant, along Lumley beach Road, so negligently drove managed and controlled the said Tipper and in the process permitted the same to violently collide with a container parked at the Plaintiffs building site at Lumley Beach Road, property of the Plaintiff, which said container had in it bags of cement, iron rods, bailing machines, generators, shovels and head pans. Five Employees of the Plaintiff who were present at the site were also seriously injured as a result of the negligent conduct of the 1st Defendant.

PARTICULARS OF NEGLIGENCE

Driving at a Speed, which was too fast in the circumstance.

Failing to keep any proper look out or have any or any sufficient regard to properties and lives along the said road.

Failing to see the container and the Plaintiffs employees in the time to avoid colliding with them.

Failing to give any or any adequate warning of his approach

Failing to heed the presence of the container and the Plaintiffs employees out side the road, that is to say at the Plaintiff building site.

Failing to stop, to slow down, to swerve or in any other way so as to manage or control the said vehicle so as to avoid the said collision

By reason of the matter aforeside, employees of the Plaintiff, suffer severe injuries and the Plaintiff loss and damages.

PARTICULARS OF INJURIES

Fractured arms of three (3) of the employees
Tenderness of scar of the five (5) employees

Medication for all five (5) employees -

Le 10,000,000.00

 

Hospital bills for all five (5) employees-

Le20,000,000.00

 

Fifteen bags cement      -              

Le 480,000.00

Bailing Machine            -           

Le 3,000,000.00

Generator                      -        

Le 2,000,00.000

Shovels  (6)                   -    

Le 108,000.00

Head pan (10)               - 

Le 180,000.00

Container                       -

Le 6,000,000.00

Le 41,768,000.00

PARTICULARS OF SPECIAL DAMAGES

That as a result of the accident, construction work at the Plaintiffs site was abruptly brought to a halt, because most of the equipments were damages in the process. This had serious financial repercussion on the Plaintiff, as they had to pay the contractor for days no work was done. This was the case from 18th June, 2008 to 1st October 2008, when the Plaintiff had to replace the damages items to get work on the site on going.

That immediately after the said accident, the Plaintiff reported the matter at the Lumley Police Station, where the 2nd Defendant, undertook to pay for the damaged items.

Paragraph 5 above notwithstanding, the 2nd Defendant has failed and or omitted to honour his own undertaking

By letter dated 30th July 2008, the 2nd Defendant was informed by solicitor acting for and on behalf of the Plaintiff that her pays the sum of Le50, 000,000.00 (Fifty Million Leones) to compensate the Plaintiff for the loss and damage suffered as a result of the accident.

The above notwithstanding, the 2nd Defendant has failed and or refused to countenance, reply and or react to the Plaintiffs claim.
 

WHEREFORE THE PLAINTIFF CLAIMS

1. Damages assessed as Le50,000,000.00 (Fifty Million Leones)
2. Special Damages assessed at Le41,768,000.00 (Forty-One Million Seven Hundred and Sixty-Eight Thousand Leones)
3.Damages for Negligence.

6.Interest on the above sums at the rate of 15% as from 18th, June 2008 until Judgment.
7.Any further or other Order (s) as this Honourable Court may deem fit and just.
8.Costs

COUNSEL

This Writ was issued by M.S. TURAY & ASSOCIATES OF SPANCHO CHAMBERS of and whose address for Services is NO 4A LIGHTFOOT BOSTON STREET, Freetown Solicitors for the Plaintiff who resides as 12 KINCARDINE STREET, ABERDEEN, FREETOWN.

M.S. TURAY & ASSOCIATES
PLAINTIFFS SOLICITORS

Made Pursuant to Court order dated 19th February 2009.



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