David Fornah v Alhaji Kandeh k.Yumkella And Others (SC CIV 1 of 2018) [2018] SLSC 7 (28 March 2018)
David Fornah v Alhaji Kandeh k.Yumkella And Others is a civil appeal from Sierra Leone on 28 March 2018. Cite it as [2018] SLSC 7. Search it by the party names, the citation [2018] SLSC 7, or Sierra Leone civil appeal.
March 28, 2018
IN THE SUPREME COURT
David Fornah
Appellant
v.
Alhaji Kandeh k.Yumkella And Others
Respondent
SC CIV 1 of 2018
[2018] SLSC 7
Proceeding. Civil appeal. Sierra Leone.
P I. Sup Ct Case No, 2/2018
IN THE SUPREME COURT OF SIERRA LEONE TN THE MATTER OF THE CONSTITUTION OF SIERRA LEONE, 1991 - ACT NO. + 6 OF 1991 (AS AMENDED) SECTIONS, 41, 75 & 76 IN THE MATTER OF THE SIERRA LEONE CITIZENSHIP ACT, 1973 - ACT NO. 4 OF 1973 IN THE MATTER OF THE SIERRA LEONE CITIZENSHIP (AMENDMENT) ACT, 1973 - ACT NO 13 OF 1973 TN THE MATTER OF THE SIERRA LEONE CITIZENSHIP (AMENDMENT ACT, 2006 - ACT NO 11 OF 2006 IN THE MATTER OF AN ACTION PURSUANT TO THE SUPREME COURT RULES, 1982 - PART XVI, RULES 89 -98, S. I. No 1 OF 1982 F BETWEEN: DAVID FORNAH - 7 AND 1, ALHAJI DR KANDEH KOLLEH YUMKELLA -
2. THE ATTORNEY-GENERAL & MINISTER OF JUSTICE
3. MOHAMED N'FAH ALIE CONTEH
4. NATIONAL ELECTORAL COMMISSION (NEC)
5. DR DENNIS AYODELE BRIGHT 6 FRANTC HTNDOWA
7. NATIONAL GRAND COALITION
Coram
THE HONOURABLE MR JUSTICE N C BROWNE-MARKE JUSTICE OF THE SUPREME COURT THE HONOURABLE MR JUSTICE E E ROBERTS JUSTICE OF THE SUPREME COURT
as THE HONOURABLE MS JUSTICE G THOMPSON, s JUSTICE OF THE SUPREME COURT THE HONOURABLE MR JUSTICE ALUSINE S SESAY, JUSTICE OF APPEAL _ THE HONOURABLE MR JUSTICE M SENGU KOROMA, JUSTICE OF APPEAL COUNSEL: CENTUS MACAULEY ESQ for the Plaintiff DR A O CONTEH for 1 Defendant 2™4 Defendant was unrepresented B E T CUMMINGS (Ms) for 3" and 4" Defendants I S$ YILLA ESQ for 5" Defendant YASMIN. JUSU-SHERIFF (Ms) for 6" & 7" Defendants. RULING DELIVERED ON MONDAY 28TH MARCH, 2018 1, On 22" March, 2018, the firm of Macauley, Bangura & Co filed a Notice of Discontinuance on behalf of the Plaintiff herein. The action herein had already been fixed for hearing today 28"" March, 2018, When today's hearing commenced, Mr Macauley, Counsel for the Plaintiff was invited to address the Court on the notice filed by Plaintiff's Solicitors, He told the Court that his client, the Plaintiff, no longer intended to proceed with the action which he commenced by way of Originating Notice of Motion dated 5" February, 2018. He cited as authority for the method he had utilized to discontinue the action herein, the case, Sup Ct Case No. 3/2002 ~- JOHN E YAMBASU & OTHERS v HON E B KOROMA & OTHERS, There, the i Plaintiff, John Yambasu had filed an identical Notice of Discontinuance in order to indicate to this Court that he no longer wished to pursue the said action together with his co-plaintiffs. That Court agreed that the said notice was effectual to end his participation in the action, but the action itself continued, to conclusion. That case is easily distinguishable from the instant case in that the action did not abate, but continued with the other Plaintiffs actively pursuing their case.
2. In the instant case, statements of case have been filed by the Plaintiff on one side, and the respective Defendants on the other side. Today's hearing was for the Plaintiff to argue in favour of his several claims. Thereafter, we
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5 zy would have called upon Counsel for the respective Defendants to argue in ‘ favour of their several clients.
3. It is our opinion therefore, and we so hold, that the proper method at this stage, of withdrawing this action, is for the Plaintiff to file a Notice of Motion in this Court that it is his intention to freely and voluntarily : discontinue the action he began on 5™ February, 2018. Once he has done this, this Court can then release him from arguing, or, from instructing Counsel to argue in his favour.
4. The Order of the Court is as follows:
(1) The Notice of Withdrawal is ineffectual to discontinue the action herein.
(2) The Plaintiff shall file a Notice of Motion seeking the withdrawal of his Originating Notice of Motion no later than 11am tomorrow, Thursday 29" March, 2018. Short service of the said Notice of Motion is hereby Ordered. After the filing thereof, this Court shall fix the date and time for the hearing of the said Application. For the avoidance of doubt, if the Application is filed and served within the time stated above, hearing will immediately follow tomorrow, Thursday 29" March, 2018. Costs will be dealt with at the same time. THE eee N C BROWNE-MARKE JUSTICE OF THE SUPREME COURT { agree 17 /) Ye Dk BAA 2 < THE HONOURABLE MR JUSTICE E E ROBERTS JUSTICE OF THE SUPREME COURT ( agree | SHE HONOURABLE MS JUSTICE GLENNA THOMPSON /USTICE OF THE SUPREME COURT