Statutory interpretation

Sierra Leone — Court of Appeal · 1961

Principle established: The court has jurisdiction to review an acting Governor's statutory recognition powers, and statutory power to recognise 'any person' as tribal headman is limited to persons belonging to that specific tribe.

Sierra Leone — Court of Appeal · 1961

Principle established: The court has jurisdiction to determine whether the Governor acted within statutory powers, and statutory authority to recognise a tribal headman extends only to members of that specific tribe.

Sierra Leone — Court of Appeal · 2023

Principle established: Commissions of Inquiry established under the Constitution have the mandate to examine the assets of former public officials to determine if they were acquired lawfully.

Sierra Leone — Court of Appeal · 2016

Principle established: A party refused leave to appeal by the High Court may apply directly to the Court of Appeal for leave to appeal against an interlocutory ruling.

Sierra Leone — Supreme Court · 1999

Principle established: Section 133(1) of the 1991 Constitution abolished the procedural requirement for obtaining a fiat or petition of right to commence legal proceedings against the Government of Sierra Leone.

United Kingdom · 1947

Principle established: A court may quash a public authority's decision if it is so unreasonable that no reasonable authority could have ever come to it.

Sierra Leone — Court of Appeal · 1963

Principle established: General words in a later statute do not repeal or derogate from earlier specific statutory provisions without a clear indication of a particular legislative intention to do so.

Sierra Leone — Court of Appeal · 1963

Principle established: General statutory language in later legislation will not impliedly repeal or derogate from an earlier specific enactment absent a clear intention to do so.

Sierra Leone — Court of Appeal · 1963

Principle established: General words in later legislation do not impliedly repeal earlier specific statutory provisions unless an intention to alter the special law is clearly indicated.

Sierra Leone — Supreme Court · 1960

Principle established: The Summary Jurisdiction Act applies in Sierra Leone, but a prosecution cannot be dismissed as time-barred without proof on the record of when the complaint was made.

Sierra Leone — Court of Appeal · 1963

Principle established: A magistrate acquiring jurisdiction to try an indictable charge summarily under section 18 of the Summary Conviction Offences Act must show on the record consideration of circumstances and expediency.

Sierra Leone — Court of Appeal · 1963

Principle established: To acquire summary jurisdiction under section 18 of the Summary Conviction Offences Act without a preliminary inquiry, the record must reflect that the magistrate considered it expedient having regard to the circumstances.

Sierra Leone — Court of Appeal · 1961

Principle established: Selling a single copy of a newspaper does not constitute dispersing it under the Newspapers Ordinance, but selling one copy while possessing others for sale amounts to an attempt to disperse.

Sierra Leone — Supreme Court · 1961

Principle established: Selling an isolated copy of a newspaper does not constitute dispersing or assisting in dispersing a newspaper under the Newspapers Ordinance.

Sierra Leone — Court of Appeal · 2019

Principle established: An election petition must be filed within the strict statutory time limits, and jurisdictional objections regarding the timing of the filing should be determined before proceeding to other applications.

Sierra Leone — Supreme Court · 1983

Principle established: A procedural requirement to file a notice of appeal within one month of a decision means one calendar month calculated from the decision's date, not from the first day of the subsequent month.

Sierra Leone — Supreme Court · 1963

Principle established: Under section 6(2) of the Fisheries Act, a licensing officer has the statutory power to impose conditions that restrict a licensee's right of navigation.

Sierra Leone — Court of Appeal · 1973

Principle established: Under the Workmen's Compensation Act, magistrates' courts have jurisdiction to entertain claims of any amount, but the court's power to award compensation is strictly limited to the statutory maximum.

Sierra Leone — African Law Reports · 1972-73

Principle established: Magistrates' courts have jurisdiction to hear workmen's compensation claims of any size, but their statutory power to award compensation is restricted to the prescribed monetary limit.

Sierra Leone — Court of Appeal · 2023

Principle established: The establishment of a Commission of Inquiry to investigate the conduct and assets of former high-ranking public officials is a valid exercise of constitutional authority.

Sierra Leone — Court of Appeal · 2018

Principle established: The court considered preliminary objections regarding the procedural regularity of an originating motion challenging the termination of a university lecturer's employment under statutory provisions.

Sierra Leone — Supreme Court · 1962

Principle established: A rent assessment committee errs in law and its determination must be set aside when it fails to apply the mandatory statutory principles governing the assessment of rent.

Sierra Leone — Supreme Court · 1962

Principle established: A rent assessment will be quashed on appeal if the Rent Assessment Committee fails to guide itself by statutory principles and assesses rent on wrong principles or none.

Sierra Leone — Supreme Court · 1975

Principle established: The terms "prepare" and "endeavour" under treason statutes create two distinct offences that must be charged separately, as endeavouring connotes an overt effort beyond mere preparation.

Sierra Leone — Court of Appeal · 2023

Principle established: Public officials are subject to investigation by Commissions of Inquiry regarding the lawful acquisition of their assets during their tenure in office.

Sierra Leone — Court of Appeal · 1963

Principle established: The word 'contract' in section 252(5) of the Companies Act does not include a demise of land by deed for a term of years.

Sierra Leone — Supreme Court · 1961

Principle established: The statutory phrase 'any person' in tribal administration legislation must be construed within the statutory context as meaning only a person belonging to the particular tribe for which a headman is chosen.

Sierra Leone — Court of Appeal · 1963

Principle established: A lease of land by deed for a term of years does not fall within the definition of 'contract' under section 252(5) of the Companies Act.

Sierra Leone — Court of Appeal · 1955

Principle established: Statutes will not be construed to take away private property rights without compensation unless the legislative intention to do so is expressed in clear and unambiguous terms.

Sierra Leone — Court of Appeal · 2014

Principle established: A professional institute established by statute can only admit persons to categories of membership specifically provided for in its governing legislation.

Sierra Leone — Court of Appeal · 1963

Principle established: A lease granted by a tenant for life may be confirmed with variations to bring it into conformity with the Settled Land Act 1882.

Sierra Leone — African Law Reports · 1957-60

Principle established: A statutory provision requiring a magistrate to record reasons for a summary conviction is directory, and non-compliance will not invalidate the conviction absent a failure of justice.

Sierra Leone — Court of Appeal · 1957

Principle established: A statutory requirement for a magistrate to record reasons for a summary conviction is directory, so an omission to state reasons does not invalidate the conviction absent a failure of justice.

Sierra Leone — Court of Appeal · 1961

Principle established: The general criminal jurisdiction of the Supreme Court under the Criminal Procedure Ordinance is not limited or restricted by the statutory wording of a committal form.

Sierra Leone — Supreme Court · 1961

Principle established: A declaratory judgment may properly be granted to declare that an aspiring candidate is not disqualified from contesting an election under electoral legislation.

South Africa · 2022

Principle established: The State's statutory liability for school-related acts or omissions under the Schools Act depends on whether the public school itself would have been liable but for the statutory immunity provided.

Sierra Leone — Court of Appeal · 2017

Principle established: An appeal against a High Court judgment involving the Legal Practitioners Act must be based on specific grounds of error in law or fact identified in the notice of appeal.

Sierra Leone — Court of Appeal · 1961

Principle established: Statutory amendments modifying the procedure for mode of trial apply to pending cases, empowering the court to order that a defendant be tried by a judge alone.

Malawi · 2025

Principle established: The court may review a decision by the electoral commission to exclude a candidate from the official list to ensure the decision is lawful, fair, and complies with statutory requirements.

South Africa · 2022

Principle established: Leave to appeal is granted where there is a reasonable prospect that another court would reach a different conclusion on the interpretation of statutory regulations governing the storage of firearms.