Native courts

Sierra Leone — Court of Appeal · 2015

Principle established: A High Court judge may err in law by ordering the transfer of a matter pending in a District Appeals Court to the High Court without proper statutory authority.

Sierra Leone — Court of Appeal · 2015

Principle established: The misapplication of statutory provisions regarding the transfer of cases between different levels of the court system constitutes a ground for setting aside a judicial order.

Sierra Leone — Supreme Court · 1961

Principle established: The President of a Native Administration Court is engaged in the public service and immune from action for acts performed bona fide pursuant to orders of a District Officer.

Sierra Leone — Supreme Court · 1967

Principle established: Where the official decree book cannot be traced on appeal, secondary parol evidence of an administrative boundary decision is admissible in local court proceedings.

Sierra Leone — African Law Reports · 1967-68

Principle established: Secondary parol evidence of a district boundary decision is admissible in local courts where the primary decree book cannot be traced upon inquiry by the appellate court.

Sierra Leone — Court of Appeal · 2014

Principle established: In appeals involving questions of customary law, the High Court (Local Appeals Division) must sit with the aid of two assessors as required by the Local Courts Act.

Sierra Leone — African Law Reports · 1950-56

Principle established: A tribal authority violates natural justice when a chief sits as judge in his own cause, and subjecting a person to complete detention without lawful authority constitutes false imprisonment.

Sierra Leone — Supreme Court · 1967

Principle established: An appellate court will uphold and restore a local appeal court boundary determination that is properly founded in evidence and compatible with applicable local court statutes.

Sierra Leone — African Law Reports · 1967-68

Principle established: An appellate court will restore a local appeal court judgment confirming land boundaries where that decision was properly substantiated and supported under the relevant statutory provisions.

Sierra Leone — Supreme Court · 1970

Principle established: In local court civil proceedings requiring two assessors throughout the hearing, an assessor may be replaced at any stage with the consent of the parties and the magistrate's approval.

Sierra Leone — African Law Reports · 1970-71

Principle established: In civil proceedings before a local court, an assessor may be replaced at any stage of the trial provided the parties consent and the magistrate approves.

Sierra Leone — Court of Appeal · 1961

Principle established: Members of a Native Court are public servants entitled to statutory protection, and the trial court may apply a statutory defence even if not expressly pleaded.