Evelyn A. Pratt v Jacqueline Carew & And Another (SC CIV APP 5 of 2005) [2006] SLSC 1 (25 May 2006)

~ IN THE SUPREME COURT OF SIERRA LEONE CORAM Hon. Mr. Justice S.C.E. Warne = JSC. > ’ Hon. Mr. Justice E.C.Thompson-Davis_ - JSC Fion.Mrs. Justice V.A.D. Wright =_ JSC: SC.CIV. APP. 5/2005 7 BETWEEN EVELYN AYO PRATT (ADMINISTRATRIX OF THE ESTATE OF BETSY ROBERTS PARKINSON (DECEASED) 5 APPLCIANT } AND

i JACQUELINE CAREW & OTHERS = RESPONDENTS i AND ISHEKA DEEN SESAY - INTERVENER AF. Serry Kamai for Abpelant Bertnan Macaulay Jr. Esq., for the aia baad! n o abe Moen. Stats 1 RULING GELVIERED ON 2006 1 Warne JSC: Counsel for the Appellant Mr. Serry Kamal filed a Notice of Motion : dated 30" March 2066 Praying for certain orders to wit:

(1) An interim stay of execution of judgment of the High Court dated the 14% Gay of February 1995 and all subsequent Proceedings thereto ! Pending the hearing and determination of this application.

(2) An order granting a stay of execution of the judgment of the Court Dated 14"" day of February 1995 and all subsequent proceedings z thereto pending the hearing and determination of the Appellants appeal to the Supreme Court of Sierra Leone. ug

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(3) Such further or.order as the court shall deem fit. ” The application is supported by an affidavit sworn to by one Elizabeth 1 Parkinson on the 30" day of March 2006 together with exhibits annexed and filed herein.

At the hearing #f the Notice of Motion on the 9"" day of May, 2006, Mr. Serry Kamal sought leave to amend the aforementioned Notice of Motion of 30" March 2006. The amendment is underlined in red that is to say: |

(1) An order granting an interim stay of execution of the judgment of the i High Court dated the 14" day of February 1995 and the Order of the i Court of Appeal dated the 14" day of November 2004 and all i subsequent proceedings thereto be stayed Pending the hearing and determination of this application.

(2) An order that the judgment of the High Court dated the 14" day of : Fepruary, 1995 and the order of the Court of Appeal dated 24'” day of i November, 2004 and all subsequent proceedings thereto be stayed pending the hearing and determination of the appeal. | This amended Notice of Motion is dated 11" day of April 2006. i Leave was accordingly granted by the Court Gon of the amended {(Ges. . = : Notice of Motion thee-being no objection by Gounsel for the intervener. Mr. Serry-Kamal, Counsel for the applicant submitted that the motion is - supported by the affidavit of Elizabeth Parkinson sworn to on the 30!" day of

\bo a ape March, 2006 with particular reference to paragraphs 6 and

7. Counsel further xe submitted that if the application is not granted, the appeal will be rendered nugatory. Counsel further relies on paragraphs 4,6,7,8 of the said affidavit and gad i they afford Special circumstances why stay should be granted. The application is + made pursuant to Kule 60 of the Supreme Court Rules No. 1 of 1982. Mr. Berthan Mcaulay Jr. Counsel for the Intervener, is opposing the application | fur the orders prayed for. He has referred to the affidavit sworn to by himself on i the 25" day of April. Counsel has ipaited that the affidavit of Elizabeth «Parkinson in support of the application is made in her name but not on behalf of | the appellant. He submits that the applicant is Evelyn Ayo Pratt, Administratrix of the estate . _ Of Betsy Rogers Parkinson, and it is clear she comes to the court in a representative capacity, as Administratrix of the estate of Betsy Rogers Parkinson. Counsel further submitted that the affidavit in support of the application is not sworn to by the Appellant Evelyn Ayo Pratt. Counsel also ; submitted that the averment in paragraph 4 of the affidavit of Elizabeth | Parkinson is not supportive of the application. Counsel also referred to : paragraph 7 of the said affidavit and submitted that being occupants of the ‘property in no way made them parties to the appeal. a :

(ol = ve , Counsel went on to submit that the appeal to this court is by Betsy Rogers “, Parkinson by her Administratrix —- The appeal Counsel submitted is made in the r name of Betsy Rogers Parkinson who has no locus standi in this court. Counsel finally submitted that there are no special circumstances disclosed to "warrant this court to grant the application. Mr. Serry Kamal replied. The application of Serry Kamal is seriously flawed in many respects. The i purported ‘Notice of Motion dated 11 April 2006 is not a Notice of Motion but a t Notice. The Court granted leave that it Ee gt oper . however, the order sought does not bear any relationship to the Exhibits EP1 and EP2 respectively referred to in the affidavit of Elizabeth Parkinson sworn to on the 30" day of Mech 2006. There is Supplemental affidavit in support of the Notice which contained the ; amendment sought, nor is there any notice on the Purported Notice dated 11" : day of April, 2006 that the affidavit of Elizabeth Parkinson sworn to on 3{) March 2006 was intended to be used at the hearing of the amended Notice. In order lé | exercebate the short comings in the application to the court by Mr. Serry Kamal : the title of the interlocutory application is not the same as that on the order of ‘the Court of Appeal dated 24" day of November 2004 sought to be stayed. In Chand the interest of charity the Order sought to be stayed is Intituled.

a ae IN THE COURT OF APPEAL OF SIERRA LEONE (CERTIFICATE OF THE ORDER OF THE CORUT Rule 35(1) “ IN THE CORUT OF APEPAL OF SIERRA LEONE ; (PROBATE JURISDICTION) IN THE MATTER OF THE ADMINISTRTION OF THE ESTATE OF FLORENCE ROBERTS : (DECEASED) ITNESTATE AND ; iN THE MATTER OF THE ADMINISTRTION OF i ESTATES ACT CAP.45 AND IN THE MATTER OF AN APPLICATION UNDER ! ORDER XLV OF THE HIGH COURT RULES BETWEEN: i BETSY ROGERS PARKINSON evine PRATT : CYNTHIA DAVIES (MAUDE ROBINSON) } CLARENCE ROBINSON : APPELLANTS i DESMOND ROBINSON : AND JACQUILINE CAREW GEORGE ADEKUNLE ROBINSON - RESPODNENTS, : AND : ISHEKA DEEN SESAY \- INTERVENER

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= The TITLE on the Interlocutory application is: CIV.APP. 5/2005 IN THE SUPREME COURT OF SIERRA LEONE x : BETWEEN: EVELYN AYO PRATT (ADMINISTRATRIX OF THE ESTATE OF BETSYROGERS PARKINSON (DECEASED) - APPLCIANT i AND ; JACQUILINE CAREW & ORS. - RESPODNENTS 1 AND : ISHEKA DEEN SESAY - _ INTERVENER There has been no application for a substitution of parties pursuant to Rule 37 : Rules of the Supreme Court No.1 of 1982 neither does the affidavit of Elizabeth Parkinson sworn to on 30 day of March 2006 aver that she had authority to 1 swear to the affidavit on behalf of Several persons named therein not bed _ the death certificate of the parties who had died. ‘ To compound ie defect in the application, nee is no Letters of dtd bltd al Eline bole Carle meer as | Administrtion established-as\beingthe Administrtrix of the estate of Betsy Rogers | Parkinson, in my opinion, there is no merit in the application and it must needs ‘., dismissed and I dismiss it with costs assessed at be se, Coad bi 4 ‘ f; pees bby bbe apletond b¥ Lle i ap reeee Ga le 4 > (let ys we a ; / iF € 0 pe PAEME oh Pa Hy POEL Sire Court, hy PDATE cee a) y Sree hs