Betsy R. Parkinson & 2 Others v Clarence Robinson And Others Others (MISC APP 1 of 1996) [2002] SLCA 15 (13 February 2002)

¥ ee 5 eS dents {0} ms. 1 $ — Cs be a aman’ “INTHE COURT OF APPEAL Fon signa LONE -_ (PROBATE JURISDICTION) * jy JHE MATTER OF THE ADMINISTATION OFTHE ESTATE OF FLORENCE ROGERS (DECEASED) TESTATI Y AND INTHE MATTER OF AN APPLICATION UNDRE ORDER XLV OF ‘THE HIGH COURT RULES. JEIWEEN: BETSY ROGERS PARKINSON j ELAINE PRATT CYNTHIA DAVIES (MAUD ROBINSON) — PLAINTIFFS/ APPLICANTS AND CLARENCE ROBINSON-Ist. DEFENDANT 4 DESMOND ROBINSON—2nd.DEFENDANT JACQULINE CAREW——3rd. DEFENDANT GEORGE ADEKUNLE ROBINSON4th.DEFENDANT AND ISHEKA DEEN SESAY ——INTERVENER. cota: HON. MR. JUSTICE M. E. ‘T.THOMPSON J.A.PRESIDING HON. MR. JUSTICE A.N.B. STRONGE—Y-&- @HON-MiC JUSTICE A:B. RASCHID——JE A.R SERRY-KAMAL,ESQ. FOR APPLICANT BERTHAN MACAULAY Jnr. ESQ. FOBINTERESTED pa : vie ; . DELIVERED THIS/2/DAY OF FEBRUARY. 2002 ANBANKOLE STRONGE A. ie of mon ra iter9e, the Applicants proposed (0 apply to this Court for , Mowing Orders: «dated the 4th day of k 1 That execution of the Judgment "0 ¢ QCTOBER,1S95, jgmay,1995 and the Order of Court ‘dated the 5th. day asia: “ved Pending the hearing and determination of this nn ay of en 5 ‘That execution ofthe judement dated stayed pendilé tpn, 1995,and the Order dated the 5th. of Oot0ber, Court of bearing and determination of the applica) Appeal

‘ -a- log ‘ype! for Sierra Leone. 3,That the costs of and occasi pecause- ‘occasioned by thi ‘The affidavits in suppo is application be in pees Parkinson sworn On th of the motion ‘ 1 Oth, February, 19Sband Abd Pret fenvXamal wom on the 19th day y, 1996,and Abdul y ‘te affidavit of Betsy of Decanber2001. secxeutrix and trustee of th sy Rogers Parkinson di go9z9a,and 29bSand 1¢ Estate of the property liscloses that she sed i jers Street, Freetown, situate lying and s the professional services Mr. MK. She further depose that being of e Hi das in = id et The said Order was igh Court for an Order forthe fans vit that after the said O ‘granted by the High Court She mca to Mr, Riby-Williams Solicit der was granted, she withdrew ber peep that notwithstanding th iitor (deceased) She further claims as le Solicitor applied on rc e cancellation of her instructions her . Sezaproving the sale ofthe pene the High Court for an le instructed her former ‘Salict property toa stranger. She deposes that Speci te said property ctor to ensure that she had hs He ‘ened sale to one tsheka it was a family beige, The Hh Co or ta dah day of Fe Deen Sessay of No.8 Blackball Bad Kiss caf Sy Aba 1995. % hen 5 nadine avi of Ab ein Sery-Kamal iscoses ht the {8 Oder dtd th ‘ Fav the Orders now bein Sout ne issed the appli 1 Ist. day of February,1996,the Court below “refused toni a icants’ application for a stay of execution.” ‘zation on the bowen Party sheka Deen Sessty S10 an affidavit tng tIsheka De th, October, 2001. “This affidavit discloses that the Wg 00. 00¢ htee Sessay, pursuant (0% ‘Court Oder paid the su of Le: wg and pe ‘allion leones)as Purchase price forthe Proper” Sieltohim by Sanders ‘street aforesaid.and ‘that the same 2S Knee aan ‘a Deed of Conveyance dated 16th. day ‘of October, 1995, Sgeatees kept a Dect of Cm ane on 4 DSI” to the in the Office of the 8 ar Ce ut head Convey wid aftidavit. He further 42°08 that since te execute® Menge and as vance he has et been able t0 fe possesion said . received any income by way of rent oF jerwise | In my judgment, and in the jight of a 108 fine of authorities:

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as unfettered power Pow and jurisdiction to ‘ys oo and may oso even though the subject matter °onter8 stay of oi eyed pursuant to an Order of Court. Indeed, abundant gation had wert this Court BY 1131 and 32 of our Rules: , power 8 ge 31 provides that this ‘Court may make an Interim order-—— pigenerll shall 38 ful a jurisdiction over the whole proceedings as if the eon had péen instituted and prosecuted in the Court as a Court of first a (ae Rule32:prvides that this Court"shall have power to give any spent and to make ‘such further or other ‘order as the case may require——- . Te issue now to be considered is under what circumstances this cast wil order a stay of execution. It is well setled that the COURT has vide discretionary powers tO grant or refuse a stay: The applicants, if they should succeed must convince this Court that ew are special circumstances that warrant a stay: peri fde discretionary powers oF He ‘Court and the basic ciples which guide it in considering an application for a stay are clearly ‘ad unambiguously laid down in HALSBURY’S LAWS OF TNGLAND SRD. ED. VOL.16,PARA-5! at PAGE 35 as follows fe “The Court has an absolute nd unfettered discretion 2s (0 ranting or refusing @ stay and as to the terms upon which it will ‘ut it, and will as a rule, only grant it if there 27% special Sansasceshich must be deposed t0 in 2° vaidavit unless the is made at the hearing”. , discrep, YOO. special ‘circumstances 3° shown the srril ple par &citetion and grant a ial g-The burden i500 apc oy hig nit test there are SPECIAL CIRCUMSTNCES 1 soos ie bg von. In the instant case,the affidavit 1" sh a of em gerive bebeegttte applicants are all very closely relat geaine ROSES Peperty cial interest from a common “ ncestorsFiorence os inally OME Iyer Nos. 29 298 &29b Sandres reat Frectowe NE was family pen 2 witNo, 29,Sanders spect, Freetown. rogers have eng eatd Some of the descendants of Florence weed ro first applicant See riental connection ett that rope pK, Riby- Wi (esa t instrutions we former SOUTH eat Muy Town on aiedatersed ‘arrange for the sale of AE Xe the family property | she will have sufficient money to pure L

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&29b Sanders Street, Freetown. She i ‘, #2 first option when the family smopery input ont or aa veda aims flouted her instruction and applied and oaed on ber este behalf, a Court @rder for the propetry to be sold to a stranger This indeed 2 EY grave allegation. It amounts,in my judgment jo a betrayal by sete of his client's interest, __Thave read and considered the affidavit in opposition together sghthe exhibits and also the taken into consideration the submissions of vel on both sides. This Court’s duty has been made easier by the usual your of Mr. Berthan Macaulay Jar, He concedes that a stay could be fared but that such a stay should be on terms. his Courts satisfied thatthe foizantshave shown special circumstances which merit the exercise ofits decretion in the granting of a stay of execution in their favour. We grant a stay of execution of the judgment of the High Court dated the 14th day of February,1995 and of the Court Order dated the Sth day of October,1995,0n the following terms:~ 1: That the first applicant herein, Betsy Rogers Parkinson submits a Statement of Account of all rents collected and disbursements made iarespct of premises Nos. 29,29a &29b,Sanders Street, Freetown, in the Westem Area of the Republic of Sierra Leone as from the 31st. day of Gates 1995 to the Solicitor of the Interested Party within Fifteen(15) days his Ruling with Liberty to the Interested Party to Surcharge and Falsify = 2:That the Registrar of this Court is hereby ordered to settle the rds for CIVIL APPEAL 80/95 within five(5) days hereof: ‘and that the te be speedily heard and thatthe said Records be prepared printed and and be ready within FOUR WEEKS of the date of this RULING. 3:LIBERTY TO APPLY. Causg —- “’°O8TS OF THIS "APPLICATION BE COSTS IN THE ;

MELT. THOMPSON-1., RESIDING —mMil=— ; Ae . Aushott ge AB. pascio fil aad