Civil Procedure

Sierra Leone — Court of Appeal · 1931

Principle established: An agreement between a solicitor and client for a percentage of litigation proceeds is champertous and illegal, and an appellate court will take notice of such illegality even if unpleaded.

Sierra Leone — African Law Reports · 1920-36

Principle established: An agreement whereby a solicitor takes a percentage of litigation proceeds is champertous and illegal, and an appellate court will take notice of such illegality even if not pleaded below.

Sierra Leone — Court of Appeal · 1961

Principle established: An appellate court has no statutory power to increase a sentence when the appellant has not appealed against sentence.

Sierra Leone — Court of Appeal · 2016

Principle established: A party refused leave to appeal by the High Court may apply directly to the Court of Appeal for leave to appeal against an interlocutory ruling.

Sierra Leone — Supreme Court · 2015

Principle established: The Supreme Court hears cross-appeals from the Court of Appeal to determine the correctness of orders made in employment-related disputes.

Sierra Leone — Court of Appeal · 2015

Principle established: A High Court judge may err in law by ordering the transfer of a matter pending in a District Appeals Court to the High Court without proper statutory authority.

Sierra Leone — Court of Appeal · 2015

Principle established: The misapplication of statutory provisions regarding the transfer of cases between different levels of the court system constitutes a ground for setting aside a judicial order.

Sierra Leone — African Law Reports · 1920-36

Principle established: A protectorate is not part of British dominions for the purpose of rule service provisions, requiring notice of a writ rather than the writ itself to be served.

Sierra Leone — Court of Appeal · 2024

Principle established: Applications for enlargement of time must generally be made in the High Court first; the Court of Appeal lacks jurisdiction to hear such applications unless they were first refused below.

Ghana · 2024

Principle established: A judgment entered in default proceedings may be vacated on grounds of fraud, balancing the finality of litigation against the need to prevent the misuse of the court system.

Ghana · 2026

Principle established: A review application must disclose exceptional circumstances resulting in a miscarriage of justice and cannot be used as a mere re-argument of the original appeal.

Ghana · 2026

Principle established: A review application must disclose exceptional circumstances resulting in a miscarriage of justice and cannot be used as a mere re-argument of the original appeal.

Sierra Leone — Supreme Court · 1973

Principle established: An applicant seeking letters of administration under the Mohammedan Marriage Act must prove he is the deceased's eldest brother, and the Administrator-General acting bona fide is entitled to costs out of the estate.

Sierra Leone — Supreme Court · 1973

Principle established: An Administrator-General appearing in an official capacity cannot be made personally liable for costs due to an irregularity in appointment, and an error of law justifies an appellate court reversing a costs order.

Sierra Leone — Court of Appeal · 1972

Principle established: Leave to appeal against an order for costs may be granted where an issue of public importance arises, such as where a public officer is personally ordered to pay costs.

Sierra Leone — African Law Reports · 1972-73

Principle established: Leave to appeal against an order for costs may be granted when a question of public importance is involved, such as where a public officer is ordered personally to pay costs.

Sierra Leone — African Law Reports · 1972-73

Principle established: An error of law affecting costs justifies an appellate court in setting aside a costs order, and an Administrator-General acting officially cannot be made personally liable due to an appointment irregularity.

Sierra Leone — African Law Reports · 1972-73

Principle established: The Administrator-General must obtain letters of administration before commencing a declaratory action in respect of property devolving upon him at the death of an intestate.

Sierra Leone — African Law Reports · 1972-73

Principle established: A landlord's acceptance of rent with knowledge of a breach of covenant constitutes a waiver of the breach, regardless of whether waiver was intended.

Sierra Leone — Supreme Court · 1973

Principle established: A landlord's acceptance of rent with knowledge of a tenant's breach constitutes a waiver of the breach as a matter of law, regardless of the landlord's subjective intent.

Sierra Leone — Supreme Court · 1973

Principle established: A landlord's or authorized agent's acceptance of accrued rent with knowledge of a tenant's breach constitutes a waiver of that breach, irrespective of whether waiver was actually intended.

Sierra Leone — Court of Appeal · 2024

Principle established: Whether a decision striking out a writ for lack of jurisdiction is interlocutory or final determines the procedure for seeking leave to appeal.

Sierra Leone — Court of Appeal · 2024

Principle established: A court may grant leave to appeal against a decision striking out consolidated writs if it determines the decision was interlocutory rather than final.

Sierra Leone — Court of Appeal · 2018

Principle established: Summary judgment should not be granted where there are triable issues of fact, such as whether a third party interfered with luggage under international aviation conventions.

Sierra Leone — Court of Appeal · 1923

Principle established: The constitution of an appellate court depends on proper statutory appointments and warrants validly conferring judicial authority for the duration of its sittings.

Sierra Leone — Court of Appeal · 1923

Principle established: An application for conditional leave to appeal must be brought within the strict time limits prescribed by the rules, measured from the date of the decision.

Sierra Leone — Court of Appeal · 1924

Principle established: An application for leave to appeal to the Privy Council requires clear and admissible evidence that the matter in dispute satisfies the requisite monetary value threshold.

Sierra Leone — Court of Appeal · 1951

Principle established: In malicious prosecution, the plaintiff bears the burden of proving absence of reasonable and probable cause, and malice is necessarily inferred when the prosecutor knowingly suborns perjured evidence.

Sierra Leone — African Law Reports · 1950-56

Principle established: In malicious prosecution, the plaintiff bears the burden of proving absence of reasonable and probable cause, and malice is necessarily inferred when the prosecutor knowingly suborns perjured evidence.

Sierra Leone — Supreme Court · 1984

Principle established: The Supreme Court will refuse an application for special leave to appeal where the applicant fails to demonstrate that it is a proper case for the court to exercise its discretion.

Sierra Leone — Court of Appeal · 2021

Principle established: Summary judgment should not be granted where the defendant's affidavit raises triable issues of fact or law that warrant a full trial on the merits.

Sierra Leone — Court of Appeal · 2021

Principle established: Summary judgment should not be granted where the defendant's affidavit raises triable issues of fact or law that warrant a full trial on the merits.

Sierra Leone — Supreme Court · 2012

Principle established: A party may seek leave to amend court papers to correctly reflect their status as an appellant rather than an interested party.

Malawi · 2024

Principle established: A court may refuse or discharge an injunction where the claimant has failed to disclose material facts or has misled the court regarding related pending criminal proceedings.

Sierra Leone — Supreme Court · 1999

Principle established: Section 133(1) of the 1991 Constitution abolished the procedural requirement for obtaining a fiat or petition of right to commence legal proceedings against the Government of Sierra Leone.

Sierra Leone — Court of Appeal · 1950

Principle established: On appeal, a new trial will not be ordered unless some substantial wrong or miscarriage of justice has been occasioned at the first trial.

Sierra Leone — African Law Reports · 1950-56

Principle established: An appellate court will not disturb or set aside concurrent findings of fact made by two courts below.

Sierra Leone — African Law Reports · 1950-56

Principle established: The rule requiring criminal prosecution of a felony prior to maintaining a civil action for the same wrong does not apply where the civil defendant is an innocent third party.

Lanbuk on the Law of Torts · 1972

Principle established: Where words can carry meanings beyond the dictionary sense, the claimant must set them out in the pleadings.

Sierra Leone — Supreme Court · 1963

Principle established: A magistrate cannot refuse to commit an accused for trial without considering the whole of the evidence, and any person may lay an information for a public offence absent limiting statutory provisions.