HQ Construction & Engineering Company v Marion P. Pearce (CIV APP 15/2025) [2025] SLCA 6 (3 June 2025)

CIV.APP15/2025 IN THE COURT OF APPEAL FOR SIERRA LEONE

BETWEEN:

HQ CONSTRUCTION AND ENGINEERING - — Appellant/Applicant COMPANY

NO 19A Lower Pipe Line

Off Wilkinson Road

Freetown

AND

MARION PRINCES PEARCE = Respondent/Respondent (Administrator and Co-Beneficiary of

Estate of James Augustus Pearce

Deceased intestate)

No. 2 May Street

Kingtom

Freetown

IBRAHIM KAMARA. - Respondent ABDUL SWARRAY = Respondent ALEX KOROMA - Respondent BRIMA SANKOH - Respondent Six Mile Village

Newton

Coram

Hon. Justice A.M. Bangurah JSC(Presiding)

Hon. Justice Mrs. T. Barnett JA

Hon. Justice A.T. Ganda JA COUNSEL: V.P. Fofanah Esq. for Appellant/ Applicant Leon Jenkins Johnston Esq. for the Respondent/Respondents

RULING DELIVERED ON THE 3RD JUNE 2025 BY HON. A. M, BANGURAH JSC By Notice of Motion dated the 4th April 2025,the Appellant/Applicant(hereafter called "the Applicant") approached this Honourable Court for the following Orders:

1. That the Judgement of the Hon. Mrs. Jamesina King JA dated the 10th February 2025 and the Orders contained therein against the Applicant, in the substantive matter that was before her, be stayed pending the hearing and determination of this Application.

2. That the said Judgement and its Orders as they relate to the Applicant herein dated the 10th February 2025, be stayed pending the hearing and determination of the substantive Appeal filed in this Court against same.

3. Any further or other Orders as this Court deems fit and just.

4. Costs in the cause. The Application is supported by the Affidavit of a Monique Williams holding herself out as Human Resource Officer of the Applicant and sworn to on the 4th April 2025. Attached to the said Affidavit are the following exhibits: Exh."A" Copy of the substantive Judgement of the lower Court dated the 10th February 2025. Exh."B&C" Notices of appointment and change of Solicitors and Notice of Appeal. Exh."D" Letter dated the 12th February 2025. Exh. "E&F" copies of correspondences between Applicant and the Ministry of lands. Exh. "G" Order of the lower Court refusing stay dated the 4th April 2025.

i note that, the Affidavit in opposition in my file is unworn and undated. | however took the precaution of searching the Court file and cross checked with my colleagues and discovered that, those in their files are sworn and dated and i resorted to using them. | however will continue to sound a note of caution that, Counsel and their support staff should be a bit more scrupulous, in editing their papers before filing them in Courts. The Respondent/Respondent(hereinafter called "the Respondent", as this Application does not relate to the other Respondents), in opposition to this Application filed an Affidavit in opposition, deposed to by a Christian Constantine Eyana Kormoh, one of the Counsel in the Law firm of Messr Jenkins Johnston and co, representing the Respondent. Attached to the said Affidavit are the following exhibits: Exh. "CCEK1" Copy of Letter dated 12th February 2025 Exh. "CCEK2" Copy of the substantive Judgement of the lower Court dated 10th February 2025. Exh. "CCEK3" Copy of Affidavit in support of the Application in the Court below. Exh. "CCEK4" Copy of Judge's notes in the garnishee proceedings in the lower Court. BRIEF BACKGROUND. The Respondent in 2011 by writ of summons initiated the substantive action in the High Court, against the Applicant and those others listed as Respondents herein, inter alia seeking the following reliefs:

A). Declaration that, the subject matter of the said action situate at six mile Newton in the Western Rural District of the Republic of Sierra Leone, forms and constitutes part of the intestate estate of her father James Augustus Pearce. b). Recovery of possession of the said property from the defendants in that action c). Damages for trespass d).Injunctive reliefs against the said defendants. e). Costs. The Defendants filed a defence and Counterclaim to the action, to which a Reply Respondle. + and defence to Counterclaim was filed by the Ageneont herein. On the 10th February 2025, the High Court delivered its judgement in the said matter, granting all the reliefs sought and dismissed the Counterclaim. The Applicant aggrieved by the said judgement, filed an Appeal to this Court against same, on the 6th March 2025, as it relates to it. On the same 6th March 2025, the Applicant filed an Application in the Court below, for a stay of execution of its judgement, pending the hearing and determination of their Appeal aforesaid. The Lower Court on the 4th April 2024, delivered its Ruling on the Application for a stay, refusing same. The Applicant on the same day, renewed its Application to this Court, which said Application is now the subject matter of this Ruling.

Submissions by Both Counsel

From the contents of the Affidavit in Support and his oral arguments before us, learned Counsel for the Applicant inter alia contended as follows:

The pages read for this report end here. The judgment continues in the PDF.