Alhaji A.B. Mansaray v Abdul M. Iscandri & ORS (SC MISC APP 6 of 1984) [1984] SLSC 3 (14 February 1984)

. so ULSHE suPRats Coun? oF stenRa yeONe conatis a Hon Mr Justice E. Livesey luke, C.J. - Presiding Hon tr Justice © & Herding - 3.8.0, Hon Mr Justice § Beccles Davies ~ 8.0. SC.NISC.APP. NO. 6/84 ALHAST A.B. MANBARAY « - APPETcaNT s Ve ADDL It. ISCAYDRI & ORS = RESPONDENTS. T. NM. TERRY Esq with him Berthan Macauley, Jr Eeq for Applict George Gelaga-King Esq for Respondents -

Ruling

BEOOLES DAVIES, J6C.:- This is an application seeking special leave to appeal to this Court, a stay of execution of the ruling of the Court of Appeal dated 14th ¥ebruary 1964 and/or a stay of all proceedings in this matter in the High Court, and any further or other reliefs as may be deened q expedient by this Court. ‘. ‘he respondents Mr Abdul M. Iscondri had filed an election petition on 47th lay 1962 in the High Court against . the olection of the epplicant. Counsel for the applicant ; took steps to set aside the petition on several grounds, Nis epplication was heand and dismissed by Mr Justice } Bankole Taompson. The applicant then obtained leave to appea’ : against the Crder of the High Court. The appeal vas heard by the Court of Appeal which dismissed it on 4th February 1984. An application for leave to appeal to this Court was made to the Court of Appeal and was refused on 2nd April

The applicant now applies for special leave to appeal. | We have gone through the papers in this matter. We are Grateful to Counsel for their able arguments. We are not satisfied thet this is a proper care in which our discretion 1 to grant special leave can be exercised. The application is refused. : (Sea.) Hon Hr Justice $ Beccles Davies, JSC x I agree (Ged) Mon Mr Justice B. Livesey Luke, C.J. I agree (Sgd) Hon Hr Justice C A Harding, JSC, 4 s

“1D. conaMs Hon, Mr. Justice C.A, Harding ~ J,8,C, Presiding Hon. Mr. Justice 0.BR,, Tojan- 5.5.0 ~ Hon, Nr, Justico S,, Boceles Davios =, 5.5.6 SC. MISC.APP. NO. 7/83 porwr: ‘ 4 SOLOMON H, DEMBY - APPLICANT : ve. 4 MANNAH KPAKA = RESPONDENT Tojan H, Savage, Baq. for Applicant A.B, Villa, Bag, for Respondent RULING DELIVERED THIS 18M DAY OF APRIL, 1984 BECCLES DAVIS, J.5.C.1~

Introduction

‘This is an application for

(1) "an enlargment of time to appeat (SIC) to this Honourable Court for special leave to appea against tho Judguont and order of the Court of Appeal dated the 3 13th dey of July, 1983, (2) special leave to appeal against the said order and (3) an interim stay of execution of the said judgment; (4) any further or other relief equitable in the opinion of this Honourable Court,

Facts

: applicant's interiocutory appeal, The applicant thereafter applica for leave to appeal to this Court, That application was refused by the Court of Appeal, An application dated 13th July, 7 1983 for special leave to appeal was heard by this Court and s? struck out on 2nd November, 1983. The present application was F4ied on 12th Novomber, 1983 seoking the orders I have quoted above. 4 1 c ; Ith..

Be <The “ The right to appeal to the Supreme Court » Tho right of appoal to the Supreme Court from any judgment, order or decree of the Court of appeal is to be found in section 103 of The Constitution of Sierra Leone 1978, (ioreinafter ~ referred to as "the Constitution") Section 103 provides - "1034(1) An appeal shall lie froma judgment, decree or order of the Court of Appeal to the Supreme Court = (a) as of right, in any civil cause or matter where the amount or value of the subject matter of the dispute is not less than such an amount as may be dotermined by Parliament; or (v) as of right, in any criminal cause or matter in respect of which } an appeal has been brought to the i Court of Appeal from a judgment, decree or order of the High Court of Justice in the exercise of its original jurisdiction; or (c) with leave of the Court of Appeal, in any cause or matter, civil or criminal, where the Court of Appeal is satisfied that the case involves 4 @ substantial question of law or is i of public importance. |

(2) Notwithstanding the provisions of the preceding sub-section, the Supreme Court shall have power to entertain any application for 3 special leave in any cause or matter, civil or =: criminal, to the Supreme Court, and to grant such leave accordingly." I find the provisions of Section 103(1) and (2) repeated in Rute 6(1)(a), (b) and (c), and Rule 6(2) of The Supreme Court Rule 4 1982 (P.N,1 of 1982) to which I shall hereafter refer as "the Rules", eS

- j Rule (6)(1)(a) of the Rules deals with ‘appeals as of | right! in civil cases; Rule 6(1)(b) refers to appeals as of righ tn criminal matters; and Rute 6(1) (c) provides for appeals with f leave of the Court of Appeai in civil or criminal matters, Rule . 6(2) enables an intending appellant to apply to this Court for ‘apoctal 1eave! to appeal. ~ {> ute 7 of ‘to Rutes In order to give due regard to the hierachy of Courts aot ui by sections 101, 107 and 110 of The Constitution, Rule 7 of *the Rules! provides that an application for leave to appeal must be ade in the firet instance to the Court of Appeal and 4f that Court xefusee to grent the Lenve sought, then application could | mada to thie Oourt fir ‘apectal 1eave! to appeal. Tine for applving for ‘special 1esve! Tw period stipulated vithin viioh an application for spect: Aeave 4a to bo made 4s set out in Rule 10 of the Rules, Tt stats 10, an application for spacial Leave shall be filed within one month of the date of the Judgnent from which leave to appeal is sought or of the date on vhich leave to appeal to the Suprone Court Ae refused by the Court of Appeal" oars ‘tue rather couplicated phraseology of thie rule seems to hw beon simplified by Rule 26 eub-rute 3 vhich simply requires the j application to be filed vithia one month frou the date’ ef the | decision of the Court of Appeal. mune 26+ ule 26 of the Rules deals with timo for appealing and tine within which application for extension of time is to be made. T viii sot out Rute 26, It stipulates - ee "26(1) Whore an appeal, dice as of right the appellant shal Lodge Bia. notice of } dppeat witnde sheet Bante Freer ane date of the dademaneveppesaeteehiaetinions the Supreme’ Court shail enlarge. the, time.

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