From Awareness Times Newspaper in Freetown

NOTICES & DOCUMENTS
Attention: SUSAN COOPER, C/O SCAN DRIVE, OLD RAIL WAY LINE, OFF SPUR ROAD, WILBERFORCE
By
Jul 7, 2010, 17:02

C.C.626/2007                          J.                            NO 23                                    2007.

IN THE HIGH COURT OF SIERRA LEONE

(CIVIL JURISDICTION)

BETWEEN:

SALMANA JALLOH                     -PLAINTIFF/APPLICANT

6 OLD RAILWAY LINE

OFF SPUR ROAD

WILBERFORCE

FREETOWN

        AND

SUSAN COOPER                              -DEFENDANT

C/O SCAN DRIVE

OLD RAIL WAY LINE

OFF SPUR ROAD

FREETOWN

 

BEFORE THE HONOURABLE MR. JUSTICE ALUSINE S SESAY J

DATED WEDNESDAY THE 7TH DAY OF SEPTEMBER 2007

 

UPON READING THE NOTICE OF MOTION dated 5th September 2007 and the affidavit in support of the application sworn to on the 5th day of September 2007 AND UNPON HEARING JAMES M FORNAH-Esq. of the Counsel for the Plaintiff/Applicant.

 

IT IS THIS DAY ORDERED AS FOLLOWS:-


1. That the Plaintiff/Applicant is at liberty to serve the Writ of Summons on the Defendant/Respondent by advertising the said  Writ of Summons twice in any Newspaper of a wider circulation in Sierra Leone.

2. That the Defendant/Respondent shall enter an appearance within fourteen (14) days from the date of publication of the Writ of Summons Writ of Summons in the Newspaper.

3. Costs in the cause.                                                                                    

 

                                                                                                         BY THE COURT

                                                                                              MASTER  & REGISTRAR

 

C.C. 626/2007                           J.                                   NO 23                               2007.

IN THE HIGH COURT OF SIERRA LEONE

(CIVIL JURISDICTION)

 

BETWEEN:

SALMANA JALLOH                        -PLAINTIFF/APPLICANT

6 OLD RAILWAY LINE

OFF SPUR ROAD

WILBERFORCE

FREETOWN

      AND

SUSAN COOPER                               -DEFENDANT

C/O SCAN DRIVE

OLD RAIL WAY LINE

OFF SPUR ROAD

WILBERFORCE

FREETOWN

 

COURT ORDER

 

WEIGHT & CO. (SOLICITORS)

TOP FLOOR

8 PADEMBA ROAD

FREETOWN

SOLICITORS FOR THE

PLAINTIFF/APPLICANT

 

C.C. 626/2007                        J.                                  NO 23                                     2007.

SIERRA LEONE

(TO WIT)

 

IN THE HIGH COURT OF SIERRA LEONE

(CIVIL JURISDICTION)


BETWEEN:

SALMANA JALLOH                              -PLAINTIFF/APPLICANT

6 OLD RAILWAY LINE

OFF SPUR ROAD

WILBERFORCE

FREETOWN

      AND

SUSAN COOPER                                     -DEFENDANT

C/O SCAN DRIVE

OLD RAIL WAY LINE

OFF SPUR ROAD

WILBERFORCE

FREETOWN

 

BY HIS EXCELLENCY THE PRESIDENT OF THE REPUBLIC OF SIERRA LEONE, 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: SUSAN COOPER

C/O SCAN DRIVE

OLD RAIL WAY LINE

OFF SPUR ROAD

WILBERFORCE

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 suite of SALMANA JALLOH.

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 DR. ADE RENNER- THOMAS Chief Justice of Sierra Leone at Freetown, the ��9th�� day of August in the Year of Our Lord Two Thousand and Seven.

 

                                                                                            MASTER AND REGISTRAR

N.B.- -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 Master�s Office High Court of Sierra Leone.


A Defendant appearing personally may if he desire, enter his appearance by post and appropriate forms may be obtained by sending a postal order for Le 300.00 with an addressed envelope, 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 of the last day of the time limited for appearance unless such time is extended by the Court of 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 Plaintiff�s claim against the Defendant is for the following:-


1. A Declaration that the Plaintiff is the fee simple owner and /or person well and sufficiently entitled to possession of all that piece or parcel of land and hereditaments situate, lying and being at Old Railway Line, Off Spur Road, Wilberforce; Freetown in the Western Area of the Republic of Sierra Leone, more particularly delineated on Survey Plan L.S. No. 2147/95 dated the 10TH day of October 1995  attached to the Deed of Conveyance dated the 8th day of November 1995 and registered as No .1237/95 in Volume 490 at Page 68 of the Record Book of Conveyances kept in the offices of the Administrator and Registrar- General in Freetown.

2. Recovery of possession of the said piece or parcel of land delineated on Survey Plan No. L.S. 2137/95 dated the 10th day of October 1995, and attached to the duly registered Deed of Conveyance dated the 8th day of November 1995 and registered as No. 1237/95 in Volume 490 at page 68 of the Record Book of Conveyances kept in the offices of the Administrator and Registrar- General in Freetown.

3. Damages for trespass to land.

4. A Perpetual Injunction restraining the Defendant whether by herself, her Agent(s), Privy (ies) and/ or Servant(s) from trespassing on or in any other way from interfering with the Plaintiff�s rights, interests or estate in all that piece or parcel or land and hereditaments delineated on Survey Plan No. L.S 2147/95 dated the 10th day of October 1995.

5. An Interim Injunction restraining the Defendant whether by herself, her Agent(s), Privy(ies) and/or Servant(s) from any form of alienation of the said  piece or parcel of land i.e. not  to sell, pledge, transfer, lease etc. to any third party pending the hearing and determination of the substantive matter.

6. Any further or other relief(s) that this Honourable Court may deem fit and just.

7. Costs.


PARTICULARS OF CLAIMS


1. At all material times, the  Plaintiff was and is the fee simple owner of all that piece or parcel of land situate, lying and being at Old Railway Line, Off Spur Road, Wilberforce, Freetown aforesaid more particularly delineated on Survey Plan L.S. No. 2147/95 dated the 10th day of October 1995 as evidenced by the duly registered Conveyance, registered as No. 1237/95 in Volume 490 at Page 68 of the Record Book of Conveyances kept in the offices of the Administrator and Registrar- General in Freetown.

2. At all material times, the Defendant has been ordinarily resident in Belgium, and was and is still whether by herself, her Agents(s), Privy(ies) and/or Servants(s) a squatter and/or trespasser on a portion of all that piece or parcel of land delineated on Survey Plan L.S.No. 2147/95 dated the 10th October 1995.

3. By an Indenture dated the 8th of November 1995 and registered as No. 1237 at Page 68 in Volume 490 of the Record Book of Conveyances kept in the office of the Administrator and Registrar-General in Freetown and expressed to be made between Ade Renner- Thomas (therein described as the Vendor) and  Salmana Jalloh (therein described as the Purchaser) the Purchaser (Plaintiff) became seised in fee simple absolute in possession free from all incumbrances of all that piece or parcel of land  situate, lying and being at Old Railway Line, Off Spur Road, Wilberforce, Freetown aforesaid.

4. That sometime in 2006, the Plaintiff noticed some encroachment by the Defendant�s Agent(s) Privy (ies) and /or Servant(s) as evidenced by the erection of a corrugated iron structure on the Plaintiff�s property being the subject-matter of this action.

5. That upon the basis of the encroachment by the Defendant�s Agent(s) Privy(ies) and/or Servant(s), the Plaintiff approached the Defendant�s Agentr(s) Privy(ies) and/or Servant(s) and informed them of the encroachment and advised them to discontinue same and/or retract to their original boundaries.

6. One of the Defendant�s Agent(s) Privy(ies) and/or Servant(s) then said that he was Ezekiel Cooper, the Defendant�s brother and/or caretaker for that particular piece of land, which he said was owned by the Defendant.

7. That the Defendant�s Agent then became hostile and confrontational towards the Plaintiff, threatening Physical harm on the Plaintiff or anybody whatsoever who would alleged that the Defendant had encroached on the property at Old Railway Line, Off Spur Road, Wilberforce, Freetown.

8. The Plaintiff then consulted her Solicitors, who by later dated 17th September 2006, wrote to the Defendant�s Agent/ caretaker (brother), pointing out the encroachment and demanding same to withdraw to their original boundaries and discontinue their acts of trespass on the Plaintiff�s property.

9. That despite the Plaintiff�s Solicitor�s letter referred to in paragraph 7 above, several persons purportedly acting on the instructions of the Defendant (relatives/Agents) repeatedly trespassed upon the Plaintiff�s piece of land, and that upon the Defendant�s return to Freetown sometime in 2007, she was observed transporting sand and stones unto the Plaintiff�s land in preparation of construction work on the said piece of land.

10. Upon the Plaintiff�s strongest protests against the development referred to in paragraph 9 above, both parties undertook to furnish each other�s solicitors with their respective conveyances in a bid to facilitating a resolution of the counterclaims of ownership, but the Defendant has failed, refused and/or neglected to furnish the Plaintiff or her Solicitors with her documentary title.

11. The Solicitors for the Plaintiff eventually wrote a letter to the Defendant dated 23rd July 2007 demanding her to discontinue any trespassory acts and/or stop all attempts at commencing construction work, pending the clarification of ownership of the said piece of land.

12. That despite the letters of protest and several attempts demanding the Defendant to discontinue her encroachment , she by herself and/or Agents/Servants/Privies has proceeded top lay foundation for a dwelling house, erection a fence on the said piece of land, and also continues to threaten physical harm on the  Plaintiff and/or anybody who would allege that the Defendant  has encroached on the property.

 

WHEREFORE THE PLAINTIFF CLAIMS:-


1. A Declaration that the Plaintiff is the fee simply owner and/or person well and sufficiently entitled to possession of all that piece or parcel of land and hereditaments situate, laying and being at Old Railway Line, Off Spur Road, Wilberforce, Freetown in the Western Area of the Republic of Sierra Leone, more particularly delineated on Survey Plan L.S No. 2147/95 dated the 10th day of October 1995 and registered as No. 1237/95 in Volume 490 at Page 68 of the Record Book of Conveyances kept in the offices of the Administrator and Registrar- General in Freetown.

2. Recovery of possession of the said piece or parcel of land delineated on Survey Plan No. L.S 2147/95 dated the 10th day of October 1995, and attached to the duly registered as No. 1237/95 in Volume 490 at Page 68 of the Record Book Conveyances kept in the offices of the Administrator and Registrar- General in Freetown.

3. Damages for trespass to land.

4. A perpetual Injunction restraining the Defendant whether by herself, her Agent(s), Privies and/or Servants from trespassing on or in any other way from interfering with the Plaintiff�s rights, interests or estate in all that piece or parcel of land and hereditaments delineated on Survey Plan No. L.S. 2147/95 dated the 10th day of October 1995.

5. An Interim Injunction restraining the  Defendant whether by herself, her Agent(s), Privy(ies) and/or Servant(s) from any form of alienation of the said piece or parcel of land i.e. not to sell, pledge, transfer, lease etc. to nay third party pending the hearing and determination of the substantive matter.

6. Any further or other relief(s) that this Honourable Court may deem fit and just.

7. Costs. 

                                                                                                 COUNSEL


This Writ was issued by: WRIGHT & CO. SOLICITORS

Whose address for service is TOP FLOOR, 8 PADEMBA ROAD, FREETOWN


Solicitors for the Plaintiff whose address for service is 6 OLD RAILWAY LINE, OFF SPUR ROAD, WILBERFORCE, FREETOWN.



© Copyright 2005, Freetown, Sierra Leone.