Company & Commercial

Sierra Leone — African Law Reports · 1964-66

Principle established: Omitting the word 'Limited' in naming a corporate party on a writ is a mere misnomer curable by amendment, provided a reasonable recipient would know it was intended for itself.

Sierra Leone — Supreme Court · 1964

Principle established: The omission of the word Limited from a company name in legal proceedings is a mere misnomer curable by amendment if a reasonable recipient is not misled.

Sierra Leone — Court of Appeal · 1998

Principle established: Failure to comply with mandatory rules governing the lodging and prosecution of appeals is fatal, rendering the appeal not properly before the court and liable to be struck out.

Malawi · 2024

Principle established: Once a matter is referred to arbitration pursuant to an agreement, the court cedes jurisdiction and cannot continue to exercise authority over the dispute.

Sierra Leone — Court of Appeal · 2017

Principle established: Leave to appeal against a ruling may be granted where the proposed grounds of appeal raise serious questions of law that are not frivolous and deserve trial.

Sierra Leone — Court of Appeal · 2019

Principle established: The court considered whether a defendant was personally liable for a contract or if the transaction was entered into by a corporate entity, emphasizing the distinction between personal and corporate liability.

Sierra Leone — Court of Appeal · 1963

Principle established: The word 'contract' in section 252(5) of the Companies Act does not include a demise of land by deed for a term of years.

Sierra Leone — African Law Reports · 1957-60

Principle established: A court will not assist a claimant whose cause of action arises from an agreement designed to execute a transaction prohibited by mineral regulatory statutes.

Sierra Leone — African Law Reports · 1950-56

Principle established: An agent contracting for a foreign principal is presumed to incur personal liability unless privity is established between the foreign principal and the third party or a contrary intention appears.

Sierra Leone — High Court · 2025

Principle established: A former shareholder whose share transfer has been approved and registered has no standing to sue as a shareholder, and the court may raise want of standing and jurisdiction of its own motion.

Sierra Leone — Supreme Court · 1961

Principle established: Parties who refer a dispute to an arbitrator are bound by the award on fact and law absent corruption or an error of law apparent on the face of the award.

Sierra Leone — Court of Appeal · 1950

Principle established: A solicitor who acts for clients with conflicting interests without insisting on independent advice, or who knowingly files false affidavits, is guilty of professional misconduct.

Sierra Leone — African Law Reports · 1950-56

Principle established: A legal practitioner may be found guilty of professional misconduct for acting for clients with conflicting interests without securing independent advice, or for negligence regarding a clerk's conduct, but can only be struck off the roll for personal misconduct.

Sierra Leone — Court of Appeal · 1963

Principle established: A lease of land by deed for a term of years does not fall within the definition of 'contract' under section 252(5) of the Companies Act.

Sierra Leone — Supreme Court · 1962

Principle established: A tenant's clear and unequivocal repudiation of the landlord's title operates as an immediate forfeiture of the lease.

Sierra Leone — Supreme Court · 1962

Principle established: A lessee's clear and unequivocal denial of the lessor's title forfeits the lease, and applications under section 252(5) of the Companies Act may generally be made by motion.

Sierra Leone — Court of Appeal · 2017

Principle established: In the Fast Track Commercial Court, a plaintiff may seek summary judgment, but the court must consider whether procedural requirements, such as pre-trial conferences, have been met.

Sierra Leone — Court of Appeal · 1961

Principle established: A judge may overrule a submission of no case where evidence supports the claim, and complex accounts may be referred to an independent qualified professional accountant.

Ghana · 2026

Principle established: Law firms providing non-legal services may be subject to different rules regarding fee recovery and agency relationships compared to traditional legal practice.

Sierra Leone — African Law Reports · 1964-66

Principle established: A person holding property under a legal lien cannot claim storage charges from the owner, and any redelivery of the property to the owner or his agent irrevocably destroys the lien.

Sierra Leone — Supreme Court · 1966

Principle established: A person detaining property under a legal lien cannot claim storage charges from the owner, and relinquishing possession or redelivering the property—even by mistake—extinguishes the lien.

Sierra Leone — African Law Reports · 1972-73

Principle established: An agency relationship exists when a principal expressly or impliedly authorises an agent to represent them and affect their legal relations with third parties.

Sierra Leone — Court of Appeal · 2018

Principle established: A party may invoke an arbitration clause in a share purchase agreement to have the court appoint an arbitrator to resolve disputes arising from the agreement.

Sierra Leone — African Law Reports · 1964-66

Principle established: The omission of the word 'Limited' from a company's name on a writ is a mere misnomer curable by amendment, provided a reasonable recipient would not be misled about who was intended.

Sierra Leone — Supreme Court · 1964

Principle established: The omission of the word Limited from a company's name on a writ is a curable misnomer if a reasonable person would not be misled.

Sierra Leone — Court of Appeal · 2018

Principle established: An oral agreement between a local agent and representatives of a foreign company regarding the promotion and operation of a business can create binding legal obligations.

Sierra Leone — Supreme Court · 2019

Principle established: Whether an agent contracts personally or solely for a principal is a question of fact; appellate courts are reluctant to interfere with findings of fact regarding oral contracts.

Sierra Leone — Supreme Court · 2019

Principle established: An authorized representative with ostensible authority can enter into agreements that bind a company, establishing a valid agency relationship.

Sierra Leone — Supreme Court · 2019

Principle established: The court examined the formation of an agency agreement between a local fisherman and a foreign fishing company through representatives claiming ostensible authority.

Sierra Leone — Supreme Court · 2019

Principle established: The court examined the formation of an agency agreement between a local fisherman and a foreign fishing company through representatives claiming ostensible authority.

Malawi · 2024

Principle established: A single member of the Supreme Court of Appeal may exercise powers not involving the determination of an appeal, such as reviewing orders related to freezing injunctions.

United Kingdom · 1896

Principle established: A company is a separate legal entity from its shareholders, meaning they are not personally liable for the company's debts beyond their unpaid share capital.

Sierra Leone — Court of Appeal · 1961

Principle established: A party whose authorized agent accepts delivery of goods and resells them to customers is bound by that acceptance and obligated to pay for them.

Sierra Leone — African Law Reports · 1972-73

Principle established: Upon the owner's breach of a hire-purchase agreement depriving the hirer of possession, damages normally comprise the deposit and instalments paid, plus any additional proven loss.

Sierra Leone — African Law Reports · 1950-56

Principle established: An action for trespass to land must be brought by the person in actual possession, while a reversioner is restricted to recovering damages for injury to the reversion.

Malawi · 2024

Principle established: A bank may seek to realize its security based on guarantees and indemnities executed by parties in relation to financial accommodations extended to a company.

Lanbuk on the Law of Torts · 1952

Principle established: Under a contract of service, work is an integral part of the business; under a contract for services it is only accessory to it.

Sierra Leone — Court of Appeal · 2018

Principle established: An application for a stay of proceedings and execution in a commercial court matter may be granted pending the determination of an appeal against the court's orders.

Sierra Leone — Supreme Court · 2025

Principle established: Courts may exercise jurisdiction to set aside an arbitration award or order where there is a dispute regarding the withholding of payments under a construction contract.

Sierra Leone — Court of Appeal · 2018

Principle established: A stay of execution of orders from the Fast Track Commercial Court may be sought in the Court of Appeal to preserve the status quo pending an appeal.