Christian Ogoo & Another v Huawei Technologies Ltd And Another (MISC APP 7 of 2010) [2010] SLCA 19 (15 July 2010)

Misc. App. 7/2010 { IN THE COURT OF APPEAL OF SIERRA LEONE ° BETWEEN:- . CHRISTIAN OGOO - ST APPLICANT DATATEL NETWORK GSM (SL)LTD - 2° APPLICANT AND HUAWEI TECHNOLOGIES LTD - 18’ RESPONDENT CELLCOM TELECOMMUNICATIONS (SL)LTD - 2*° RESPONDENT

Coram

Hon. Mr. Justice S.A. Ademosu- JA Hon. Mrs. Justice A. Showers -JA Hon. Mrs. Justice V.M. Solomon - JA ADVOCATES: E.E.C. shears-Moses Esq. for the Applicants C. Macauley Esq. for the Respondents

RULING DELIVERED THIS is“ Day OF _+~™*) 2010 ADEMOSU J.A. By a Notice of Motion dated 10” June 2010 the applicants applied for the following

Orders

1; That the 1* and 2" Applicant be granted leave to appeal from the Ruling of the Honourable Justice N.C. Browne-Marke J.A. dated the 10" day of November

2. That the costs awarded by Order dated the 28" day of May 2009 be stayed pending the hearing and determination of this application.

3. Any further or other relief.

4. Costs. The application is supported by 25, paragraph affidavit and 15 exhibits and is opposed © by the respondent who filed an affidavit in opposition with exhibits attached. I will first of all dispose of the respondent's contention which dwells principally on issue of jurisdiction in this jurisdiction. Mr Macauley in opposing this application cited a good number of cases both local and foreign but in my view though they appear to be formidable but they can only be useful in consideration of the appeal on its merits. For instance, the case of A.P. Muller V. Hadson

Taylor Civ. App.10/88 was an appeal from my decision of November, 6 1987 It was a ruling on exclusive jurisdiction clause in a Bill of Lading. That was a shipping matter All the other issues raised upon which authorities were cited are ones that the proper forum to consider - them is the Court of Appeal and not in an application of this nature.

| Turning to the application before this court. Our main concern here is whether the applicants have discharged the onus of showing prima facie good grounds of appeal. In moving this Court Mr. Shears-Moses drew our attention to several salient paragraphs in the supporting affidavit as well as in the exhibits attached which are self-explanatory. In

j considering them we did not lose sight of the fact that the applicants are strictly maintaining

that they have a jurisdictional issue to be determined on appeal. Bearing also in mind that the applicants are exercising their Constitutional right we feel that they should not be denied the

4 right. In the circumstances, we grant the leave sought as prayed. Applicants to file and serve their appeal within seven (7) days from the date hereof.

She Hon. Mr. Justice S.A. Ademosu LA. Hon. Mrs. Justice A. Showers JA. Hon. Mrs. Justice V.M. Solomon J.A.