Baimba Kamara v Veronica O.Thomas (SC CIV APP 5 of 2006) [2010] SLSC 13 (29 April 2010)

go. lV. APP. 6/2006 AiMBA KAMARA . T guasTITUTED BY ALIKALIE APPELLAN KAMARA) AND VERONICA O. THOMAS - RESPONDENT (ADMINISTRATRIX. OF THE ESTATE OF FESTUS B. THOMAS (DECEASED) INTESTATE)

Coram

HON. MRS. JUSTICE S. BASH-TAQI = JSC. HON. MR. JUSTICE P.O. HAMILTON - JSC HON. MRS. JUSTICE V.A. WRIGHT - JSC. | HONMR. JUSTICE G.B.SEMEGA-JANNEH == J.S.C. HON. MR. JUSTICE S.A. ADEMOSU - JA. EE, SHEARS MOSES ESQ. FOR THE APPELLANTS. AB.TEJAN-COLE ESQ. FOR THE RESPONDENT J 24" “ JUDGMENT DELIVERED ON THE #1 DAY OF 2010 WRIGHT JSC - This is an appeal against the Judgment of the Court of Appeal. {The acts of the case are that Baimba Kamara was a Fisherman and Farmer who lived ih the Loko Masama Chiefdom in the Port Loko District. The Respondent's late fusband, Festus 8, Thomas, was his brother. He told the Respondent's husband that *ewanted to buy a house in Freetown, and he was shown 95 Fourah Bay Road, “etown, after which 2 Conveyance was prepared in his name. The house was Purchased for Le 80,000 (Eighty Thousand Leones). He left the Conveyance with a

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| gank as a collateral for a loan to a Lebanese Nadim Asab. Baimba Kamara said that

| pe told Festus B. Thomas to use the rent from 95 Fourah Bay Road towards the

maintenance and education of his five children who were living with him and to buy

| gghing nets when requested. The transaction was carried out by the Respondent's deceased husband, Festus B. Thomas, on behalf of Baimba Kamara. The Respondent’s deceased husband, Festus B. Thomas, later identified a partly completed house at 31° Old Railway Line, Brookfields, which was purchased by gaimba Kamara for Le60,000 (Sixty Thousand Leones) with money provided by him. The property was conveyed to Baimba Kamara, as beneficial owner. All these transactions were carried out by the Respondent's deceased husband, Festus

8. Thomas, on behalf of Baimba Kamara. The Respondent's husband, Festus B. Thomas, was to carry out the necessary repairs to the properties and discharge all rates and taxes imposed on the said properties. Baimba Kamara gave the Respondent's husband, Festus B. Thomas, Le 15,000 (Fifteen Thousand Leones) for the repairs and le 15,000 to complete this house. Baimba Kamara said that when his brother died the Respondent continued to live at 31° Railway Line, Brookfields. Before the Respondent’s husband, Festus

8. Thomas, died she drove the Appellant's son, Alikali, from the house. Baimba Kamara told the Court that he sent money, rice and fihto the Rospondent’s husband Festus &: Thomas Oh the death of the Respondent's husband Festus

8. Thomas the Respondent "ngaged the services of @ Solicitor with instructions to evict all tenants from his two houses,

pind Kamara permitted the deceased to occupy the top Floor of the property at gto’ Railway Line, Brookfields, rent free as he was looking after his children who sere lving with him. The Respondent invoked the doctrine of a trust implied by law iaresulting trust.

| iba Kernara caused a Writ of Summons to be issued in the High Court against | the Respondent, O.S. Lewis, Mrs. M. Lewis and Mrs. Nellie Longstretch jointly and veraly for a Declaration that the Appellant is the fee simple owner of properties sito Railway Line, Brookfields, and 95 Fourah Bay Road, Freetown, and also for _inmediate possession and mesne profits against the 1", 2%, 3° and 4" Defendants forthe properties occupied by them. Also for an order setting aside the Declaration made by the 1* Defendant on the 6" November 1991 of the asset of Festus B. Thomas (Deceased) who died on the 27" July, 1991 prior to granting her Letters of Administration for the Deceased'’s estate. The1" Defendant (now the Respondent) filed a defence and counterclaim to declare that the properties 95 Fourah Bay Road and 31" Old Railway Line, Brookfields were ‘Wd by her on a resulting trust in favour of the estate of Festus

8. Thomas deceased. The 2%4, 3° and 4™ Defendants also filed defences. fier considering the evidence and reviewing the relevant law the High court gave ‘ement: (a) That the Plaintiff is the fee simple owner of the property at 95 Fourah Bay Road, Freetown; (&) That the Plaintiff is the fee simple owner of the property at 31° old Railway Line, Brookfields, Freetown. And made the following { consequential orders:

1. That the Plaintiff do recover possession of the top floor premises of

31* Old Railway Line, Brookfields, occupied by the 1% Defendant. | Execution of the writ of possess'to be stayed until 31% May 1995.

2. That the Plaintiff do recover possession of the bottom floor premises of 31* Old Railway Line, Brookfields, occupied by the tenants therein.

3. That the Plaintiff recover possession of the bottom floor premi8ses of 95 Fourah Bay Road, Freetown occupied by the 3% Defendant (Mrs. Lewis). The 3 Defendant to pay mesne profits at the rate of Le10,000.00 per month from the 1" August 1991 until possession is delivered up. |

4. That the Plaintiff do recover possession of the top floor premises | occupied by the 4” Defendant (Mrs. Nellie Longstreth). {

That the 4 Defendant do pay mesne profits at the rate of Le10,000.00 per month from the 31" May 1995 until possession is | delivered up. |

5. Anorder that the declaration made by the 1" Defendant on the 6” November 1991 in so far as it relates to 31° Old Railway Line, | Brookfieldes, Freetown and 95 Fourah Bay Road, Freetown as assets of Festus 8, Thomas (deceased) prior to the granting of the Letters of | Administration (Exhibit A) be set aside. ;

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