JA-AB (SL) Ltd v PSG Shipping & Logistics (CIVAPP 60/2025) [2026] SLCA 6 (28 July 2026)

Civ. App. 60/2025 IN THE COURT OF APPEAL OF SIERRA LEONE Between JA- AB (SL) Limited : APPELLANT/Respondent v. PSG Shipping & Logistics | - | RESPONDENT/Applicant

Coram

Justice Reginald Sydney Fynn JA (Presiding) Justice Sulaiman Ahmad Bah JA Justice Samuel Omodele Taylor JA Representation: _ 0 Jalloh Esq. & Z. Kamara Esq. (Ms.) of OJP Legal for the Plaintiff \Jalloh Esq. (Ms.) of Bangura & Macauley for the Respondent Ruling dated 28% july 2026

Background

1. The Notice of Appeal herein describes this appeal as being in respect of an interlocutory ruling below “seeking interim measures that will safe guard ..interests, pending amicable settlement ...between the parties”.

2. The grounds of the appeal allege that the Learned Trial Judge (LT) “failed and or refused to: i) hear the application in its entirety before deciding the ‘same on its merits and ji) hear counsel for the Appellant in opposing the application contrary to the principles of natural justice”

3. However before the Court could proceed to hear and determine the appeal the Respondents filed an application dated 3" December 2025 in which they claimed in brief that the records before the court were incomplete. They now requested that the Court inter alia admits into the records “the transcript of the hand written notes of counsel” or that the Court directs “the High Court presided over

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by the Hon. Mr. Justice $ C Johnson J to certify whether the hand written notes as transcribed ...represents what transpired in the proceedings before him on 18” September 2025”. This ruling is with respect to that application.

4, Reproducing the material paragraphs of the affidavit in support of the application, which was sworn to by Osman Jalloh Esq. will be helpful;

“That | have reviewed the records of the court of appeal Registry and note that it is very scanty and I verily believe that they did not adequately reflect the nature of what transpired in Court on 18°" September 2025.

That having regard to the matters aforesaid I had to take possession of the record of proceedings we made of the hearing, cause the same to be transcribed and personally checked the transcript with the notes to confirm the transcript is a true representation of the same; I verily believe that the transcript made of the said notes to be a true and correct representation of what transpired of the proceedings of 18" September 2025.”

5. The other side, i.e. the appellants, is opposed to this application. They have filed an affidavit in opposition dated 8" December 2025

‘Submissions

6. The applicants submit that their efforts to have the judge verify the additional notes have been frustrated by the respondents. They are therefore left with no other option than to ask the court to make the orders they now pray for.

7. The Appellants urge that, appeals usually include the possibility of a re-hearing. The accuracy of the records from below is therefore vital to the appellate process. Those records the appellant submits should form the foundation of every appeal. They note that the parties both are in agreement on the issue of the incompleteness of the Judge’s notes.

8. The appellants submit further that R31 of the Courts Rules provide authority to the Court wide enough to include powers to amend settled records, especially so where as in this case the records of the Court are allegedly incomplete. Additionally the Applicants cite the unreported Supreme Court case of The State vys.1M Iscandari SC CR APP 3/79.

9, The Respondents on their part have argued that the practice is for the court to hold the balance and record all of the proceedings including the submissions and

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arguments of the parties. It is that record which should ordinarily remain so as to be used in the event of an appeal or any post judgment application.

10.The respondent submits that in the instant case the LTJ failed to make such a complete record of the proceedings, which is the primary reason giving cause for this appeal. The respondent/ appellant is relying on the state of the settled records to prove the grounds of the appeal. Allowing the respondent the ‘opportunity to belatedly amend the court records with counsel's hand written notes will undermine the appeal significantly.

11.The respondent submits further that The State vs. Iscandari ought to be distinguished as in that case it was a tape recording that was used to supplement the court records and this is not to be treated as the same as opposing counsel's hand written notes which may be subject to.4g counsel's bias or prejudice, known and unknown

12. The respondent has referred the court to the case of Ellington v. Clark, Bunnet & Co (1886) E 1127 in which case the court had rejected notes of a solicitor’s clerk to be used or “to be relied on” by the court.

Deliberations

13. On the first appearance and in the absence of the appellants the Court suggested that the parties may have done well to have, together, approached the LT) and put this request to him before seeking orders of this nature. The court was later copied on a letter from the applicants’ Solicitors OJP Legal, inviting the other side for them, together, to approach Justice Johnson with a request for him to consider augmenting his records with the applicant's notes. The Court is similarly copied on the reply from Macauley, Bangura & Co, Solicitors for the Appellant /Respondents declining the invitation to approach the Judge.

14.0n the refusal to join them in approaching the Judge the applicants abandoned that line of action; erroneously concluding that it would be unethical to approach the Judge alone. | take the opportunity to make it clear that the Code of Conduct does not prohibit a party from approaching the Judge without the other side where sufficient opportunity has been given to that other side to be part of the visit. In fact the Code makes it an exception to the general rule and sets it apart asa situation, when a party can in fact legitimately visit a Judge without the other side being present.

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15. As long as all parties are aware of the intended visit and the reason for it the party declining to be in attendance demurs at his client's risk. The party requesting the meeting nor the Judge or the cause of justice should be made to lose out on the benefits (if any) that such a visit to the Judge would present. The relevant provision is R6 of THE LEGAL PRACTITIONERS (CODE OF CONDUC) RULES, 2010 and it would make for ease of reference that | reproduced it here:

6. “A legal practitioner shall not, unless permitted by these Rules or’ Judge -

c) make contact with judge in the absence of the other side except the other side has expressly communicated his refusal to meet the judge or has given his consent for the legal practitioner to meet with the Judge in his absence.” (emphasis mine)

16.The opportunity to hear from the LTJ was thereby lost and counsel for the applicant moved the Court.

17.Should the Court make orders touching a party that is not before it? This is a question that has to be asked and answered in as much as this application requests the Court to order the Court /Judge below to elect whether he will or will not certify the notes of counsel.

18. The Judge below is however, not before us. His attitude and posture towards the present request is therefore unknown. As a general principal of law a court will rot ordinarily issue orders to persons who are not parties to the action before it. Where a person/institution is likely to be the subject of an order of the court itis the practice that he is made a party to such a process even if only nominally. Should a Judge or Court be treated any differently? | think not.

19.£ven though this application has not been presented as a review or as a supervisory question itis in its essence calling into question the manner in which a court/ Judge had performed his role. The present application also does seek to call upon the Judge to make a choice which to some, may, be asking, whether the Judge had in fact, in the first instance, performed his duties up to the required standard.

20.1 do not find this an appropriate call to make on a Judge, especially considering he has not been heard and is in no way apprised of the ongoing process. It is my opinion that the orders sought would tend not only to embarrass this particular Judge but also more generally the administration of Justice. Itis also my opinion

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