Florence Campbell v Mohamed T Macarthy (CIV APP 78 of 2019) [2022] SLCA 21 (12 July 2022)

a Civ. App 78/2019 IN THE COURT OF APPEAL OF SIERRA LEONE Between: FLORENCE CAMPBELL (Suing by her Attorney BABARA BANGURA) - —_—_ Appellant And =: © MOHAMED TUNDE MACARTHY * Respondent

Coram

ION. MR. JUSTICE ALLAN B, HALLOWAY JSC. HON. MRS. JUSTICE JAMESINAE.L. KING JA HON. MRS. JUSTICE F. BINTU ALHADI JA COUNSEL R. JOHNSON ESQ. for the Appellant C. HOTTOBAH-DURING ESQ. for the Respondent JUDGEMENT aes DELIVERED this \2 day of Seal 2022 FLORENCE CAMPBELL, the Appellant herein being aggrieved by and dissatisfied with the Decision/Judgement of the High Court delivered by the HON. MRS JUSTICE MUSU D. KAMARA JA, the Learned Trial Judge, dated the 27" May 2019, hereby on the 15" August 2019, appeal the said Decision/Judgement on the following grounds:

1, That the Learned Trial Judge misdirected herself and erred in law when she held that the title of the Administratrix to sell is an administrative requirement which, even if absent does not nullify the title to the property, the Learned Trial Judge who failed to properly construe Section 21(1) of the ADMINISTRATION OF ESTATES ACT, CHAPTER 45 OF THE LAWS OF SIERRA LEONE 1960, thereby resulting in the erroneous decision to dismiss the Appellant's case.

2. That the Learned Trial Judge failed to properly determine the issues and evidence in the matter as presented to her, but instead took into consideration irrelevant and inapplicable matters, legal principles and laws which resulted in her erroneous decision to dismiss the Appellant's case.

3. That the Learned Trial Judge was wrong when she held that the Respondent was a Bona Fide Purchaser of a Legal Estate for Value without Notice, in respect of the property at 22 Waterloo Street, Freetown.

4, That the Learned Trial Judge was wrong in holding that ANNIE MAVIS CAMPBELL had a valid title to the property at 22 Waterloo Street, Freetown which she passed on to the Respondent.

5. That the Decision/Judgement of the High Court aforesaid, dated 27" May 2019 is against the weight of evidence.

Wherefore FLORENCE CAMPBELL, the Appellant herein pray as follows:

1. That the Decision/Judgement of the High Court delivered by the HON. MRS

JUSTICE MUSU D. KAMARA JA dated 27" May 2019, be set aside and that a

Decision/Judgement be entered in favour of the Appellant.

2. That this Court do make any further or consequential order(s) that it may deem

necessary.

3. That the costs of and occasioned by the appeal herein and in the Court below be borne by the Respondent.

The HON. MRS JUSTICE MUSU D. KAMARA JA, the Learned Trial Judge, on the 27" May

2019, ADJUDGED and ORDERED that MOHAMED TUNDE MACARTHY, the Respondent

herein is entitled to possession of the property at 22 Waterloo Street, Freetown as the Bona

Fide Purchaser of the Legal Estate for Value without Notice, which said order was granted

pursuant to an application filed for and on behalf of FLORENCE CAMPBELL, the Appellant by

Originating Summons dated 21 May 2012, praying for the determination of the following

questions:

1. Whether the Vesting Deed dated 9" May 2006, made by ANNIE MAVIS CAMPBELL in her capacity as Administratrix of the Estate of CLAUDE VICTOR MELVINSON CAMPBELL. (Deceased) Intestate and registered at Page 18 in Volume 603 of the Record Books of Conveyances kept in the Office of the Registrar General in Freetown, vesting all that property forming part of the said Estate situate at 22 Waterloo Street Freetown, in the said ANNIE MAVIS CAMPBELL is valid.

2, Whether the said ANNIE MAVIS CAMPBELL in her capacity as Administratrix of the Estate of CLAUDE VICTOR MELVINSON CAMPBELL (Deceased) Intestate, was entitled to vest all that property forming part of the said Estate situated at 22 Waterloo Street, Freetown in herself to the exclusion of the other beneficiaries of the said Estate or a sale of their respective shares in the said property to the Respondent, without their consent.

3. Whether the sale of the said property of the Estate of CLAUDE VICTOR MELVINSON CAMPBELL (Deceased) Intestate situated at 22 Waterloo Street, Freetown by the said ANNIE MAVIS CAMPBELL to the Respondent is valid without the consent of all the beneficiaries of the said estate or the order of a Court or Judge.

The Appellant, by way of the Originating summons aforesaid sought the following reliefs:

1. That if the Vesting Deed dated 9" May 2006 aforesaid, is invalid and that if the said ANNIE MAVIS CAMPBELL was not entitled to vest all that property situated at 22 Waterloo Street in herself to the exclusion of the other beneficiaries of the Estate of CLAUDE VICTOR MELVINSON CAMPBELL (Deceased) Intestate or a sale of their respective shares in the said property to the Respondent without their consent, the Appellant sought an order that the vesting of the said property by the said ANNIE MAVIS CAMPBELL be declared invalid and be set aside and that the said Vesting Deed be expunged from the Record Books of Conveyances.

2. That if the sale of the property forming part of the Estate of CLAUDE VICTOR MELVINSON CAMPBELL (Deceased) Intestate at 22 Waterloo Street Freetown, without the consent of all the beneficiaries of the said Estate or without an order of the Court or a Judge is invalid, the Appellant sought an order that the sale aforesaid be declared invalid and be set aside and an order that the Deed of Conveyance dated 6" July 2010 and made between the said ANNIE MAVIS CAMPBELL and the Respondent and registered at page 42 in Volume 663 of the Record Books of Conveyances kept in the Office of the Registrar General in Freetown in respect of the property of the Estate of CLAUDE VICTOR MELVINSON CAMPBELL (Deceased) Intestate situated at 22 Waterloo Street, Freetown be expunged from the said Record Books of Conveyances.

3. The Appellant sought an order that the property aforesaid be immediately recovered from the Respondent by the Estate of CLAUDE VICTOR MELVINSON CAMPBELL (Deceased) Intestate.

4. The Appellant Sought an order for any further or other relief(s) that the Honourable Judge May deem fit.

5. The Appellant sought an order for Costs ‘The undisputed facts are that on the 29" April 2001, CLAUDE VICTOR MELVINSON CAMPBELL died Intestate in the United Kingdom. That at the time of his death he was survived by his widow ANNIE MAVIS CAMPBELL and his daughters, FLORENCE CAMPBELL, the Appellant herein and CLAUDIA CAMPBELL. On the 31s May 2001, ANNIE MAVIS CAMPBELL the mother of FLORENCE CAMPBELL, the Appellant herein and CLAUDIA CAMPBELL took out and was granted Letters of Administration in respect of the Estate of CLAUDE VICTOR MELVINSON CAMPBELL (Deceased) Intestate. On the 3¢ May 2012, ANNIE MAVIS CAMPBELL took out and ‘was granted Supplemental Letters of Administration in respect of the Estate of the Deceased Intestate aforesaid, the same which is found at pages 22 to 43 of the Records of Appeal. In the Supplemental Letters of Administration aforesaid, ANNIE MAVIS CAMPBELL declared the Property at 22 Waterloo Street, Freetown the subject matter of the appeal herein, as forming part of the Estate of the said Deceased Intestate, On the 9® May 2006, ANNIE MAVIS CAMPBELL vested in herself, the entire property at 22 Waterloo Street, Freetown, the Vesting Deed of which is egistered at Page 18 in Volume 603 of the Record Books of Conveyances kept in the office of the Registrar General in Freetown and found at pages 43 to 46 of the Records of Appeal herein, On the 6" July 2010, ANNIE MAVIS CAMPBELL sold the property at 22 Waterloo Street, Freetown to MOHAMED TUNDE MARCARTHY, the Respondent, the Deed of Conveyance of which is registered at Page 42 in Volume 663 of the Record Books of Conveyances kept in the office of the Registrar General in Freetown and found at pages 48 to 52 of the Records of Appeal. It cannot be disputed, that prior to the enactment of the DEVOLUTION OF ESTATES ACT 2007, it was only the ADMINISTRATION OF ESTATES ACT CHAPTER 45 OF THE LAWS OF SIERRA. LEONE 1960, which was the applicable law governing the Estate of all persons dying Intestate, In Section 2 of the said ACT, Estate is defined as: ‘meaning all interest in land and chattels real and personal, choses in action and other property whatsoever’. Being that it is an undisputed fact as stated above, that CLAUDE VICTOR MELVINSON CAMPBELL is a person who died Intestate, the applicable law governing all his interests in land and chattels real and personal, choses in action and other property whatsoever is the ADMINISTRATION OF ESTATES ACT aforesaid, Section 9(1) of which provides thus:

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