Harry Mason v Olatungi Wilson (SC CIV APP 2 of 1987) [1995] SLSC 9 (14 July 1995)

£O 178 batts ‘DLIME SUPREME count oP SIEIRA LEONE be gomaus . Hons Mir, Justice S; Beccles Davies ~ Ag+ Cede Hon, Mr, Justice 8.0.8, Warne - 930 Hon lir, Justice B.C, Thompson-Davie- 80 Hon, Mir, Justice iG, Gelegaking - JA Hon, Ur, Justice A.B, Timbo = Take SG, CLV, APRs 2/87 :

HARRY MASON. — APPBLLANT v OEATUNGE WILSON RESEONDEN br. Ade Rennex-honas for Appellant Dr, Hell, Joko-Suart for Respondent 7 LupGusue penrvensn mars J DAY OP Gly 1995 ARIE, D826. . mnie is on appeci against the Judgnent of thie Court of appeal delivered on the 19%h Gay of November, 1986, ‘the Appellant, veing agerieved with the judguent, file ro grounds of oppeat neaoly! "(1) The Court of Appeal was wrc in resting ito decision solely on @ ground not set forth by a ppenient and without the partion having had euffictent eppormnity of contesting the cose on thet grounds (2) te several conclusions of the Court of Appeal on the question of iilegality are wrong in law particularly havir egara to the absence of evidenoethat the Flaintisf soted outside the law." me statement of OLain was thatt "he Plaintiff's claim agetnet the Defendant ie for the sun of UB 79620: dolLare being noney payable by the Defendant to the Plaintiff for money hed

aw - and received by the Defendant for the use iat Plaintiff, interest and costs," ‘The Particulars, inter alia, state: "(21 On or about ‘the 2nd day of October, 1964 at the request of the Defendant the Plaintiff paid the sum of US 79,620 (Seventy nine Thousand Six Hundred anf Twenty United States Dollars) in the Defendant's Benk Account at Bank of Credit end Commerce International at 135 Earls Court Road Tondon England for use in connection with the Plaintiffts said business," The Plaintiff claigs:-

(1) Me sata sun of US 79620/00 Dollars.

(2) Interest on the saia sum of US 79620 Dollars | at the rate of 22per centum per anmm from the 2nd day of October, 1984 till payment or Judgnent, |

(3) Further or other reliefs |

(4) Coste." | I shall hereinafter refer in tis judguent to the Appellant es Plaintiff ond the Respondent as Defendant, | ‘The Statement of Claim, in my view, is infelicitously worded, As a result, the Defendant sought further ana vetter particulars, the Defendant, however, denied the cain, Tsoue was joined and the case went to trial before Thomas Js | Ho gave Judguent for the Pleintiff, Against that Juaguent, tiv Defendant appealed to the Court of Appeal which consistea of Navo, Turay and Adophy JTAs | me fects of the cose are simples ‘he Plainticr is a precious setals Broker, Dullion Dealer and Refiner resident at 4 Prince Albert Street Brighton in England in the Unitea Kington, In hie field of busines, he wote to the Cheater of | Mines in Freetown to find out sbout alluvial gold dealers in Sierra Leone, The copy letter was received in evidence and tor ease of reference I will here quote the letter ena the PP eects

men ) = Feply which he Feceived and were: onan! in evidence, “ie letter is! addressed: to — Ae WT ee Nottiage Eoqsy 6 dvestew: dott. a So" ~ Beeoutive officer = ou. Wikies a Sierra Leone Chamber of itines + Spiritus. House. Se 1 Howe. Street... : ° “ue. un, Freetown, . oso. Deer'Sir, . . We ere a gold purchesing company in the 7 ‘ansaction of precious metals for a considerable vs, tumber of clients, most of whom are situated in the so .Undted Kingdoms. odie os as Su nw oe + Weare‘ currently involved in the implementation. of a statistical study-of- certain: countries-located ‘© “throughout! -the lafrican Continent}--It is appreciated so by ‘undelives: that’ your ‘country ‘@"involved’ consider ‘a0 ly im thet production’ of gold,"arid ‘wehfoel that ie, SS Se aise of Gur intivest ‘in alluvial gold, we’ wold “like VES“ e'eonside? offering'a precious metal purchastrig and “pointing ‘tenas'eyd "A a wos We would ‘therefore ‘ask for your assis'tence in providing fli aetatin; Vnere Poootble, of fadivsauars * " “ind coapation wio are Surreltiy involves in tase zieza, ‘and that might be willing, at Teast, to nogotiate”’ * 7 eS ghybaeraamectdoday "(SPL See sy ’ * “mnere ‘area wide Wenge of servicés that we can ” “Coéer’ and we would like the opporturiity to discuss this ** “qoeally with’ interested parties, at eae date‘in the “year tubures sd ties wcsinietes ae We fneretove look forvard to receiving your reply. sny information given, will of course, be treated confidentialiy,,ed your help in thie matter de very mich appreciated. Yours sincerely (Sga.) H, Mason" Teese .

. in reply the Plaintite received &; iw

. ‘ x 'B! which is a list of authorised Alluvial cola Dealers, In that 1:

+ Mrs Tungi Wilson ~ 35, Pateaba i. “ oa wee Toe 11 — Tare 8 50 aieyuie soot ae load Freetown Sierra Leones anes ‘+ Tungi Wileon is the Defendant

AS a result the Plaintiff wrote to the Defendant a letter dated 12th “July, 1984 which reade:

"Mr. Tungt Wilson .

s 35, Pademba Road Freetown Sierra Leone,

Dear Sir,

We have been corresponding with the Sierra Leone Chanber of Mines, and Mr. J,2, Nottidge Executive Officer has stated th you are currently involved in purchasing alluvial golds

However, a8 Sierra leone is considerably involved in the production of gold, end because of our interest in this field, we would like ‘to consider offering a predious mtal purchasing ana refining fecilitys We ere obviously unsure of your existin arrengenents, although we believe that a large percentage of th gold generated in your country is dizected to Swiss Refineries, We realise that the only way to effectively comence business dealings, 10 to be given the opportunity to discuss locally ali aspects with you. To this end, wo envisage a visit to Frectown shortly, and therefore,.wo would welcome your comments dn onder that we can make arrengenents for meeting with you to negotiate all considerations regarding the business,

Pineliy, eny terns and coniitions offered will, only be treated in strict confidence, but will be extremely competi tiv pecmse of our good connection with the Tondon Gola Market.

Wo therefore lok Zorwand to receiving your reply in ‘he ee Nt youre faithfully

(sgd.) He Mason" [Srvvereeseees

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