Huratu Williams & Rocky Savage [1923] SLCA 10 (29 January 1923)

93 llUH.ATU ·wiLLIA)fS .4. zrpellant. 1), ROCKEY SAVAGE - Respondent . Azrplication .for special leave to appeal-Section 9 of tl1e Appeal R1tles-Conditional leave granted 'under section 8-No further stezJ taken. The fncts of this case are sufficiently set out in the judgment . Applicntion for special leave to appeal from a judgment of Purcell, O . .T., in the Supreme Court of the Colony of Sierra Leone. T. A . Taylo1' for the Appellant. Wright for the Responrlent. 11cDONKF..LT,, Acting J. This iR nn applirntion fm- Special J.1enve unrler section 91 o£ the Appeal Rules. f'n11t; iti onal Leave under section 82 was applied for within a week of the lapse of the three months, the time prescribed under that section . Nothing "·as then done; there is a conflict between the partie s as to whether the would-he Appellant was thereaftet· in Freetown or not; at any rate her counsel left for the Pro­ tectorate on professional business, and did not return until the month prescribed for ful£lling the conditions had elapsed . lie took no steps to instruct other counsel to comply with the conditions. It would be stultifyi11g 1he decision arrived at the last sittings of this Court, constituted exactly as it is now, in Khalim Nicholas v . Boyawa referred to in my judgment last week in During v. Traill and others, were we to entertain this application, which must. there fore be dismissed with costs. · PURCELL, C.J. I agree . SA WREY -COOKSON, J. I agree. 7 1 Now Cap. 205, Sch., sec. 9, Vol. II, p. 1439. 2 Now Cap. 205, Sch., sec. 8, Vol. II, p. 1439. 29tll J amwry, 1923.