Ejectment and recovery of possession

Sierra Leone — Court of Appeal · 2024

Principle established: A stay of execution pending appeal may be sought in the Court of Appeal after being refused in the High Court to prevent the recovery of possession of disputed land.

Zimbabwe · 2023

Principle established: A local authority is entitled to an order of ejectment against an individual who occupies municipal land without a valid legal basis or through fraudulent means.

Sierra Leone — Supreme Court · 1962

Principle established: A person's mother constitutes a member of his 'family' within the meaning of the Rent Restriction Act for the purposes of ejectment proceedings.

Sierra Leone — Supreme Court · 1962

Principle established: Under section 12(1)(d) of the Rent Restriction Act, the term 'family' includes a landlord's mother, and an appeal may proceed in an absent party's absence upon proof of adequate notice.

Sierra Leone — Supreme Court · 1966

Principle established: Recovery of possession of land may be granted under a claim for further and better relief in a title action, and a prior trespass judgment where ownership was not in controversy does not estop.

Uganda · 2015

Principle established: A purchaser of land who encroaches beyond the boundaries specified in the sale agreement is a trespasser and may be subject to eviction orders.

Sierra Leone — Supreme Court · 2012

Principle established: An applicant may seek a stay of execution of a Court of Appeal order requiring them to vacate premises pending the determination of an application to the Supreme Court.

Sierra Leone — African Law Reports · 1964-66

Principle established: Where a third party occupies premises in breach of a covenant against underletting, the tenant is the proper defendant in a recovery of possession action, though the occupier may be joined.

Sierra Leone — Court of Appeal · 2019

Principle established: The court examined the validity of a property sale by administrators of an intestate estate and the subsequent claim for recovery of possession against occupants.

Sierra Leone — Court of Appeal · 2019

Principle established: The court examined the validity of a property sale by administrators of an intestate estate and the subsequent claim for recovery of possession against occupants.

Sierra Leone — Court of Appeal · 2018

Principle established: A court may order the relocation of a party and the restoration of a spouse to the matrimonial home pending the return of the other spouse.

Sierra Leone — Court of Appeal · 2014

Principle established: A plaintiff is entitled to recover possession of premises and mesne profits from defendants who occupy the property without a valid legal basis or after the termination of their interest.

Sierra Leone — Court of Appeal · 2019

Principle established: The court considered whether a magistrate has the jurisdiction to stay the execution of an order made by another magistrate of concurrent jurisdiction and powers.

Sierra Leone — Court of Appeal · 2019

Principle established: The court considered whether a magistrate has the jurisdiction to stay the execution of an order made by another magistrate of concurrent jurisdiction and powers.

Zimbabwe · 2023

Principle established: An appellate court may set aside a judgment and remit the matter for re-determination if the trial court failed to properly determine the issues before it.

Uganda · 2025

Principle established: A temporary injunction may be issued to restrain eviction and maintain the status quo of suit land until the determination of a main application for a temporary injunction.

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 — Court of Appeal · 2022

Principle established: A property owner or their administrator is entitled to recover possession and claim damages from a party that wrongfully occupies the land without legal title or permission.

Sierra Leone — Court of Appeal · 2013

Principle established: In an action for declaration of title, a party's failure to produce a title deed in their own name may be fatal to their claim despite producing ancestral deeds.

Sierra Leone — Supreme Court · 1963

Principle established: The jurisdiction of a magistrate under the Summary Ejectment Act is not ousted merely by raising a question of title, as deciding some questions of title is necessary under the Act.

Sierra Leone — Supreme Court · 1963

Principle established: Raising an issue of title does not oust a magistrate's jurisdiction under the Summary Ejectment Act where determining certain questions of title is necessary to decide the ejectment.