Fatu Bangura v Mohamed Kamara (MISC APP 6 of 1995) [1995] SLCA 1 (28 March 1995)
Fatu Bangura v Mohamed Kamara is a miscellaneous application from Sierra Leone on 28 March 1995. Cite it as [1995] SLCA 1. Search it by the party names, the citation [1995] SLCA 1, or Sierra Leone miscellaneous application.
March 28, 1995
IN THE COURT OF APPEAL
Fatu Bangura
Appellant
v.
Mohamed Kamara
Respondent
MISC APP 6 of 1995
[1995] SLCA 1
Proceeding. Miscellaneous application. Sierra Leone.
. . . . i HED. fhe G98 1 ae eS oe 1 \ iy . pr emp COURT OMALPEAE Ci SEERRA LEONE } ESIVES: — | PATI BANGURA tH DEPENDANT/ | j : i AND | MORAMED “AMARA - ‘DELEN PIPR/ :
Coram
- \ : HON, UR. dUSLICE m0, QDCPSY _ JUSTICE OF APPEAL ! For, MR. JUSWICL G. Ohi AETAG _ JUSTICE OF APPEAL | Bor. MR. JUSTICE A.B. TT 120 = JUSTICE OF APPEAL C.3. EDWARDS TSQ., YOR THE ATPLICLNT \ AVP, SERRY-LMAL, 1SQ., FoR TEE RESPOLIIT i PULING DEP IVSED OG TE 250 Dee or MARCH, 1995 ‘ Pre JaAwt- BY Notice of Motion aetad tre gth day of February 4995 the Applicant hos applies to the Court for inter alia the j fellowing order, ii
"(3) That this Honourable Court co geant a Stay of the i i Tudgrent of the Honourable fr. Justice ,3,0. Nylender Js a dated the e5th day of Movenber 1994 and all subsequent | proceedings pending the hearing ond determination of we 3 Appeal against the said Tadgaent to the Court of Appeal..." i ' The Applifatio: is supported sy whe of Feta Bangure’ ee | sworn to or the 6th Gay of Peizeuory 4995 to which is annexed several’ eel Exhibits. i Paragrayh 5,6 ° 41 an pesticuler of the Affidavit in support pl aver as follows: E "S That nowitheanling the peréimg appeal to the Court of a TTT - 24 Appear Gnd the oracr CF ScGyei tien Sir premises” for i ee RO ree nT re oan go-days the Pleinvizs/Responde aan ig the habit of coming sat to" Me” Bald yeonisea with prospective purchesers cleining that ue a guégnent has been | given En jus fovows han Set “{ should vacate, ve tanediately" . . “Ine Wh 6 That further to parngrayh 5 of this Affidavit the ee Plaintirs/Respondaent has enused 2 yulvation of the said ae premiscs %0 be prepared ane addressed sm.e vo my goLicitor to ‘ : o.7, Bavords Tag, Copy oF salpation Gertizicate is shown ee ko ne and exhibited hereto raged 3.F3" na
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: : "7 Ghat I kmow for a fact from 2 conversation I over-heard / | vetweon the Mohoauce favorn snd Mr, Abu Sesay that the Plaintiff intends to dispos. of the peo.dses at 4 Mill Street immediately possessicn of Nro seme is delivered to him." : As egainst these avernents, ve lave thy Atfiéwit in Opposition of lir, A.F, Serry-Harsl, ¢chicitor avted the 15th day : of February 1995 parncranh 13 of vmach extelcrieslly states thet, , , "43 That Plaintiff ‘does not intend wo sell his only property in Freetovm, He needs a house in Freetown now more than at any other tine in view of the sceurity situation in the : | Provinces, He is a business:an “rd necés a base in Freetown instead of renting a l.otel room anytime nevis’ in Freetown." This. Court has said on several occasions that in an application for a Stay_of Exeution pending an appeal to the 6 ourt the , onus: is on the applicant to “show orina facie good Grounds of . . | Appeal and the existence of special circwwisnees to justify 4 rib > the grant of the otay Sows - See Lfeicun: Token Village Lta, \v ¥. John Obey Development Investacnt Co. Lté, Mise Apps 2/94 : (Unveporteé) Domain De Bex Baw Beach V. IMohoned K, Wanga, Miso, : App. 10/44 (Unreported); Chornor Sesay ': Anor V. Abdul Jalil & ; dnor, Misé. App, 18/44 (Unrenorted), These two renuircieonts have not in iy opinion been satisfied : to warrant a of Lue dudg..ent of Nylander J : . | Gated the 25th day of November 1994 ona 211 subsequent proceedings | pending the hearing ané¢ detofinciion of the appeal. eginst the | said ju@gnont in the Court of Apronl, { In ony ease, I believe the fears oxpressed by the Applicant in her Affidavit that the property the subicet-matter of the appeal may be disposed of vefore the Cctoxrrination of the appeal ‘ i if the Stey is not granted have been vllaycd in view of what Mr, i f Serry-Neral his said in paragregh 13 ov lis Affidavit of 15th : Pebruary, 1995 th. <4 the Respondsict his so intention of selling . the property in cuestion out to secxoy it himaclf. beveree/3
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To heve no doubt thet Mr Serry Kamel. will stona by what he has deposed in his Affitavis referting lis cliontts desire to reside in the snid house, Tre Application is accor? way revused. Costs in the . Cause, a a“ f.. i (sga) ,Hon, Mr. Tustiec 43s Testis of Appeal ' np Oph / Hon, Mr, Jushice §.0, Adopbhy (Sga) ober er eeb ere eeedeeseesrersdustion of Appeal Woe \s sf (saa)Bops Mey TREHSe ShelOM TMB ice of Appeal iF is i
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