Breach and remedies

Sierra Leone — Supreme Court · 1961

Principle established: An indefinite contract of service is terminable only upon reasonable notice, and wrongful summary dismissal entitles the employee to salary arrears and remuneration in lieu of reasonable notice.

Sierra Leone — Court of Appeal · 1972

Principle established: The presumption that an indefinite hiring is a yearly contract can be rebutted by contrary intention such as a contractual termination notice clause, and notice may run during paid leave.

Sierra Leone — Court of Appeal · 1974

Principle established: A contract requires a concluded bargain embodying all essential terms, and failure to complete construction within the agreed period constitutes an actionable breach of contract.

Sierra Leone — Court of Appeal · 2015

Principle established: Termination of a fixed-term employment contract during a probationary period must be conducted in accordance with the terms of the offer letter and the employer's human resources manual.

Sierra Leone — Court of Appeal · 2012

Principle established: Disputes arising from international contracts for the supply of telecommunications equipment and subsequent equity transactions are subject to judicial review on appeal.

Sierra Leone — Supreme Court · 1967

Principle established: A party leading another to believe strict contractual terms will not be enforced cannot later insist upon those rights when inequitable, and a tenant holding over under an invitation to renew is not wrongful.

Sierra Leone — African Law Reports · 1967-68

Principle established: A party who induces another to believe strict contractual rights will not be enforced cannot resile from that position when it would be inequitable, amounting to a waiver.

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 · 2017

Principle established: A defendant may be refused leave to defend and summary judgment granted to the plaintiff where there is no triable issue regarding the recovery of sums due under a contract.

Sierra Leone — Court of Appeal · 1960

Principle established: Damages for breach of contract are assessed by subtracting the labour costs saved from the unpaid contract price, and related tort claims may be joined to avoid multiplicity of actions.

Sierra Leone — Court of Appeal · 2013

Principle established: A contract for the purchase of a vehicle, though not in writing, may be evidenced by a proforma invoice and subsequent part payment.

United Kingdom · 1854

Principle established: Damages for breach of contract are limited to losses that arise naturally from the breach or that were within the reasonable contemplation of both parties at the time of contracting.

Malawi · 2026

Principle established: A court may set aside a default judgment if the defendant demonstrates a prima facie defense on the merits and provides a reasonable explanation for the failure to file a defense.

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 · 1972-73

Principle established: A purchaser may rescind a land sale contract and recover their deposit if the vendor cannot complete, and beneficiaries cannot sell estate land under administration without a vesting deed.

Zimbabwe · 2024

Principle established: Contempt of court proceedings serve to punish disobedience and enforce court orders, particularly orders requiring a party to perform a specific act, such as signing transfer papers for a property sale.

Sierra Leone — African Law Reports · 1972-73

Principle established: The defence of accord and satisfaction to a breach of contract claim must be specifically pleaded and requires both an accord and full performance of the satisfaction.

Sierra Leone — Court of Appeal · 1973

Principle established: The defence of accord and satisfaction must be specifically pleaded and requires not only an agreement to discharge the breach of contract but also full performance of the promised satisfaction.

Sierra Leone — Court of Appeal · 1973

Principle established: An agency relationship exists only where one party authorizes another to represent them and alter their legal relations with third parties.

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 — 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.

Sierra Leone — Court of Appeal · 2013

Principle established: A defendant may seek a stay of execution of a judgment for the recovery of funds paid for construction work pending the determination of an appeal.

Sierra Leone — Court of Appeal · 2013

Principle established: A stay of execution may be sought pending appeal where a judgment was entered for the recovery of payments made under a construction contract.

Sierra Leone — Supreme Court · 1961

Principle established: An employee wrongfully dismissed under a yearly hiring contract is entitled to damages reflecting salary and commissions earned for the duration of the requisite notice period.

Kenya · 2023

Principle established: A party is liable for damages for breach of contract where they fail to perform their obligations, such as harvesting crops as agreed, resulting in loss to the other party.

Sierra Leone — Court of Appeal · 1976

Principle established: The anticipatory repudiation of a contract by one party does not automatically terminate the contract unless accepted by the other party.

Sierra Leone — Supreme Court · 1990

Principle established: An appellate court cannot determine an unargued issue without hearing counsel, nor does it have legal authority to impose a time limit within which damages must be paid.

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.

Zimbabwe · 2024

Principle established: An owner of registered property is entitled to an order of eviction against an occupant if the agreement of sale has been validly cancelled due to a breach of obligations.

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 — Court of Appeal · 2025

Principle established: Where a property is sold under a sales agreement, the purchaser's compliance with the prescribed mode of payment and the issuance of a receipt by the vendor confirms the transfer of ownership.

Sierra Leone — Court of Appeal · 1960

Principle established: A commercial contract of employment containing an express clause for termination on one month's notice is not a yearly hiring, restricting wrongful dismissal damages to the notice period.

Sierra Leone — Court of Appeal · 2013

Principle established: A vendor may not unilaterally terminate an agreement for the sale of land where the purchaser's failure to pay the balance on time does not justify such termination.

Sierra Leone — Court of Appeal · 2024

Principle established: A party is entitled to recover sums due and damages where there is a proven breach of a memorandum of understanding or agreement between the parties.

Sierra Leone — Court of Appeal · 2019

Principle established: An application for a stay of execution pending appeal requires the court to consider whether there are triable issues and if the appeal would be rendered nugatory without the stay.

Sierra Leone — Court of Appeal · 2019

Principle established: An application for a stay of execution pending appeal requires the court to consider whether there are triable issues and if the appeal would be rendered nugatory without the stay.