From Awareness Times Newspaper in Freetown

NOTICES & DOCUMENTS
IN THE HIGH COURT OF SIERRA LEONE
By
Nov 26, 2010, 17:00

IN THE HIGH COURT OF SIERRA LEONE

LAND AND PROPERTY DIVISION

BETWEEN:-
         SAMUEL E.V. JOHNSON                                                -PLAINTIFF

         24 SMALL ATERLOO STREET

         FREETOWN

 

         AND

         GEORGE S. NICOL                                                      --DEFENDANT

        16 MAGAZINE CUT

         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: GEORGE S. NICOL

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 SAMUEL E.V. JOHNSON

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 20th day of

Sept. 2010

 

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 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 Le300.00 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 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 Plaintiff,s Claim against the Defendant is for:

1. A declaration that the Plaintiff is the owner and person entitled to possession of all that piece and parcel of land situate lying and at Off Pipe Line Road Juba, Freetown in the Western Area of the Republic of Sierra Leone measuring 0.3694 Acre and delineated on survey plan No. LS 120/09 dated 4th September 2009.

2. Delivery up of possession of the said piece or parcel of land by the Defendant whether by themselves, their workmen, agents or privies and any person(s) claiming right of entry upon the said land or part thereof.

3. A Declaration that the defendant have no title to any portion of the Plaintiffs said land

4. Damages for trespass.

5. Special damages for building materials and the destruction of stores and living quarters for workmen valued at Le32.655.000.00 (Thirty Two Million Six Hundred and Fifty Five Thousand Leones).

6. A perpetual injunction restraining the defendant whether by themselves, their servants, workmen, agent or privies and any person(s) claiming right of entry upon the said land or part thereof from entering or remaining or trespassing or otherwise interfering with the said land and or disposing same whether by sale, lease, gift, exchange, barter or any disposition whatsoever or otherwise from doing any acts upon the said land or any part thereof inconsistent with the rights of the Plaintiff.

7. Any further or other relief(s) that this Honourable Court deems fit and just.

8. Costs.

PARTICULARS OF CLAIM


1. The Plaintiff is and was at all material times to this action the fee simple owner and entitled to that entire piece or parcel of land situate lying and being at Off Pipe Line Road Juba Freetown, measuring 0.3694 Acre and delineated on survey plan LS 120/09 dated 4th September 2009 which said survey plan is intended to from part of this statement of claim, he having acquired the same by virtue of Deed of Conveyance dated 23rd September 2009, expressed to be made from Mr. Idrissa Yilla as Lawful Attorney for and on behalf of Dr. Abou-Bakarr Kamara and registered as No.521/09 in Volume 651 at Page 27 in the record Book of conveyances kept in the office if the Registrar-General of Sierra Leone in Freetown

2. The Plaintiff maintains that since acquiring the freehold of the said piece or parcel of land, he has been in lawful possession thereof together until 2nd June 2010 when the defendant entered the said land with bailiffs of the office of the Undersheriff and police officers and demolished structures thereon allegedly acting upon the basis of executing an “Ejectment Warrant” purported to have been issued on the 4th day of May 2010 without the Plaintiff having any knowledge of any proceedings prior to the issue of the said “Ejectment Warrant”

3. On the 2"u day of June 2010 bailiffs of the office of the Undersheriff together with police officers acting at the suit of and in the presence of the defendant and his agents on the basis of executing an “Ejectment Warrant” entered the Plaintiffs land and demolished stores and living quarters for the workmen therein worth Le5,500,000.00 (Five Million Five Hundred Thousand Leones) and catered away with building materials worth Le27,155,000.00 (Twenty Seven Million One Hundred and Fifty Five Thousand Leones).

4. The records of the matter at the Magistrate Court (E/S 526/08 in the Magistrate Court Holden at Freetown between George S. Nicol Vs Dauda and Others) in which the ejectment proceedings were commenced show that PW1 the Defendant in his evidence in chief claimed that he knew one “Dauda” the respondent therein who was the caretaker of his property at Mina Drive.

5. The Plaintiffs property is situate at Off Pipe Line Road Juba Freetown. The Ejectment Warrant consequent upon which the defendant trespassed on the Plaintiffs property and caused severe economic loss referred to in paragraph 3 above calls for execution at Juba Hill, which is generic and certainly not the same as Off Pipe Line Road Juba Hill where the Plaintiff s property is located.

6.  The Plaintiff has been developing the property for over a year having first secured a building permit from the Ministry of Land and the Environment. The first stage of the construction process is complete and the second stage has commenced.

7. The Plaintiff denies ever knowing any “Dauda and Others” nor have any “Dauda and Others” been employed in any capacity by the plaintiff or his predecessors in title in relation to the Plaintiff s land.

8. By reason of the matters aforementioned the plaintiff has suffered loss and damage

 

PARTICULARS OF SPECIAL DAMAGE

 

1. 3 bags of cements costing Le8, 155,000.00 (Eight Million One Hundred and Fifty Five Thousand Leones).

2. 5 tons of half inch iron rods   costing Lel9,000,000.00 (Nineteen Million Leones)

3. Stores and  living quarters of workmen    destroyed valued at Le5,500,000.00 (Five Million Five Hundred Thousand Leones)

9. The Defendant has threatened to re-enter the plaintiffs land and to take possession thereof on the basis of the ejectment warrant unless prevented by this Honourable Court.

10 The Plaintiff will also rely on his agreement of sale between his vendor and predecessor in title as well as all other relevant documents in respect of his claim as the fee simple owner of the piece and parcel of property situate at off Pipe Line Juba Hill Freetown


WHEREFORE THE PLAINTIFF’S CLAIM


1. A declaration that the Plaintiff is the owner and person entitled to possession of all that piece and parcel of land situate lying and at Off Pipe Line Road Juba Freetown in the Western Area of the Republic of Sierra Leone measuring 0.3694 Acre and delineated on survey plan No. LS 120/09 dated 4th September 2009.

2. Delivery up of possession of the said piece or parcel of land by the Defendant whether by themselves, their workmen, agents or privies and any person(s) claiming right of entry upon the said land or part thereof.

3. A Declaration that the defendant have no title to any portion of the Plaintiffs said land

4.Damages for trespass.

5. Special damages for building materials and the destruction of stores and living quarters for workmen valued at Le32.655.000.00 (Thirty Two Million Six Hundred and Fifty Five Thousand Leones).

6. A perpetual injunction restraining the defendant whether by themselves, their servants, workmen, agent or privies and any person(s) claiming right of entry upon the said land or part thereof from entering or remaining or trespassing or otherwise interfering with the said land and or disposing same whether by sale, lease, gift, exchange, barter or any disposition whatsoever or otherwise from doing any acts upon the said land or any part thereof inconsistent with the rights of the Plaintiff.

7.Any further or other relief (s) that this Honourable Court deems fit and just.

8. Costs.

 

And the sum of Le....6…/00    (or such sum as may be allowed on taxation), for costs, and also in case the Plaintiff obtain an order for substituted Service, the further sum of Le.... 6… if the amount claimed be paid to the Plaintiffs or Solicitor within fourteen days from the service hereof further proceedings will be stayed.

This writ was issued by Macauley,Bangura and Co.

whose address for service is 4th Floor UMC Building 31 Lightfoot Boston Street, Freetown. Solicitors for the plaintiff who resides at No. 24 Small Waterloo Street Freetown.



© Copyright 2005, Freetown, Sierra Leone.