Grace Johnson v Yvonne Nicols (CIV APP 1 of 1980) [1981] SLSC 5 (16 December 1981)

w UPRUME COURT OF SIERRA LEONE

Coram

Te Hon: ‘cnourable Mr, Justice E, Livesey Luke,C,J. - Presiding ‘The Honourable Mr, Justice 0,B,R. Tejan = 5.8.0, The Honoural { Monourable Mr, Justice K,E,0, During = Tuk ‘The Honourable Mr, Justice S,C.E, Warne + Tea The Honourable Mr, Justice G,S, Davies = Sake Gio App, No, 1/80 GRACE JOHNSTON ~ abpettany | Ve ‘ YVONNE NICOLS ‘ a XVETTE DAVIES @s personal > Respondents i Representatives and Adminis~ tratrixes of the Estatw of i: Rowland 8.A, Harding "Deceased" fb A.L,0, Metzger, Eaq. for the Appoliant

8. Hodson Harding, Baq, for the Respondents

fp ——— fb Medgent 5 Lovesey WKE Cod ‘ on 25th October, 1973 Rowland Bugene Alexander Harding

1 (hereafter called the applicant) took out an Originating Sunmons © an the High Court applying for the following orders:~ a

(4) An extension of time during which to register : Deed of Conveyance dated the 30th day of March, 3 1967 and executed by Grace Omoriake Johnston 1 (described as vendor) of the one part and 4 dowland Bugene Alexander Harding (therein described as the purchaser) of the other part in the Books of Conveyances Kept in the office of the Administrator and Registrar-General for Sierra Leone and * N2heue

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(44) Tat the registration of the said Deed of Conveyance to take effect as from the date of execution thereof to wit 30th March, 1967. Me application was suppurted by an affidavit sworn by the applicant on 23rd October, 1973 to which he exhibited a copy of the Deed of Conveyance referred to in the Summons. The application was made under the proviso to Section 4(2)(a) of the Registration of Irstrumonts Act, Cap, 256 (as amended). The Section so far as relevant reas - 4(1) Every Deed, contract, or Conveyance, executed after the ninth day of February, eighteen hundred and fifty seven, so far as : regards any land to be thereby affected, shall take effect, as against other Deeds affecting the same land from the date of its registration. Provided that every such instrument shall take effect from the date of its execution, if registered within any of the periods limited for registration as follows, that is to say - (a) if such anstrument vq executed in Proetown, if registered within ten days from its date sess. (2)(a) Every Dood, contract or Conveyance executed after the Ist day of June 1964, shall be void, so far as regards any land to be thereby effected, unless it is registered within the appropriate period limited for such recistration under the proviso te sub-section (1), : N22...

I Provided that any person prejudiced by the avoidance of any transaction under the provisions of this subvsotion may apply by originating summons to a Judge of the High Court for permission to | register after the expiration of the } period Linited for registration, and 4¢ | the Judge 49 satisfied that either |

(4) The faiiure to register was not due to any fault of the applicent, (44) the applicant, fatture to secure registration in time vas, in all the circunstances of the case excusable. | He may permit the applicant to register out of | fime and the transaction in question shall be | dogacd nover to have been avoided and shal take effect as against other transaction affecting tho same land from such date as f shall be just." Grage 0, Johnston and the Administrator and Regietrar= General yore joined ag Respondents to the application and both vere duly served, Grace 0, Johnston (hereafter called the” Appeliant) entered an appearance to the Summons and filed an arriduvit in opposition sworn on 5th Novenbor, 1973, She later thied another affidavit evorn by her on 210t November, 1973. ‘the administrator and RegivtramGeneral did not enter an appearance and took no part in the proceedings, & dhe Summons was heard by Short J, (as he then was), During | ine course of the hearing the Ledrned Judge on the application o: tearned counsel on 28th November, Y973 made the following orders: ‘ M200

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(1) Both the applicant and the respondent may file and serve further evidence by a affidavits within seven days from today and any affidavits in reply to be filed : and served within another soven dayss 5 (2) to deponents should be available for 3 erose-examination by the opposite sides | Teereatter the following affidavits were filed in order of 4 sequence: q

(4) Aetidavit of Habert Bankole Bright | evorn on the 5th day of Docenber, ‘ 1979 and filed on behalf of the appellant 4

(44) Atfidavit of Roderick Ewart Boston-Manmah q sworn on tho 5th day of December, 1973 4 and filed cn benalé of the appetient a (444) affidavit of Rowland Eugene Alexander ‘ Herding svorn on the 15th day of December, a 1973 and filed om his own (i.e. ‘applicant's bensit 3 (Av) Attidavit of Grace Onolake Johnston j svorn 18th day of Deconbor, 1973 and 4 fyied on her ove (4.0, appoltant's) behalf, ny ower made on 18th Docember, 1973 the learned judge designated A ene apptidcant ae “Plaintics" an@ the appellant as "Defendant." “f ctzegations and counter-s1)ocations of a very serious nature, We soph parties were uncom:-onising 4m their attitude and were i prepared for a batter coutcsi. It was dn that charged atmogphere that the appitoant entorod (io vitaous box on 18th Decombery 3973. : Agee 5) al |

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