Jalloh v National Insurance Co. Ltd (SC MISC APP 2 of 1986) [1986] SLSC 1 (18 March 1986)

if 7 IN 2S SURE COULD OF SIERRA LEONR i - cod foo Save i CORAM: if ee The Hon. Mr. Justice CeAe Harding, JeS.C.e = Presiding The Hon. Mrs. Justice AeVeAs Awunor-emner'- J.S.Ce The Hon. Mr. Justice

5. Meccles Davies = TeS.Co : SC. Misc. App. Noe 2/86 : ‘ KADIATU JALLOH - APPLICANT : VSe . i NATIONAL INSURANCE CO. LTD = RESPONDENT Gibson Okeke Esqe, for Apylicant I Mrs. Shanineh Bash~Tagi, for Respondent . RULING DELIVSRED ON THIS 482H DAY OF MARCH 41 , BECCLES DAVIES, JeSeGot-The applicant Madam Kadiatu Jalloh seeks leave to issue an Order of Certioreri “to remove into t thig Honourable Court for the purpose of being quashed an

; Order or judgment dated the 31st day ef January 1986 authoris= ing the National Insurance Company Limited No. 18/20 Walpole t . ‘ Street for possession of Noe 14°.alpole Street the Matrimonial ban \ home of the applicant and TIRGE OTP VIVES of the late Alhaji E Abubakar Jalloh of Nos 14, Walpole. ‘'treet." Ihe order or judgment dated 31st January 1986 referred ‘> in the application was made i Hi by the High Court. . The power of this Court to issue an order of certioreri " is to be tund in ‘ection 105 of The Constitution of Sierra \ Leone 1978 (ActNoe 12 of 1978). : Section 105 provides - , 4 a i “The Supreme Court shall have supervising : jurisdiction over all other Courts in l : { Sierra Leone and over any adjudicating le authority; ond in exercise of its superme t cs i visory jurisdiction: shall have power to t issue such directions, orders or writs Leoae2d

w gf ~ or orders in the nature of habeas corpus, ‘ | : certioreri, mandamus or prohibition as it ~ may consider appropriate for the purposes of enforeing or securing the enforcement ‘ of its supervisory powers," ; The applicant has involved the provision of Section

105. “ The Order of Certioreri lies at the instance of an aggrieved party for the purpose of removing the proceedings of the inferior Courts of record oF other persona oF bodies of persona exercising judioial and quasi-judicial SPSELPAF and determining whether _. gugh proceadings shall-be quashed, or to quash them, It will - issue to quash a determination for wont or excess of jorise ddotion, error on the face of the record, bresch of the rules of natural justice, or where the determination was procured by frviady collusion or perjury, . - (~The proceedings which are the subjeqt of this application ‘‘Wéxé Gotmenced. and concluded in the High Court. Final judgment was entered for ‘che respondents. Several grounds have been urged in the applicast’s statement. The short point to be . dagided is can an order for certioreri be made quashing the judgaents of inferior courts of civil jurisdiction? The Na anduer to that question is No. (See Halsbury’s Lawa of England 3rd Eds Vol II at page 130.) Where it is stated that certioreri does not lie to quash the judgments “ot inferior courts of civil jurisdiction. See also LAWES wv HUTCHINSON (1835) 3 DOWL 506 at pp. 508. , , “SR the circumstances the application for leavé is refused. (Hon. Mr. Justice S, Beccles Davies,J: T aGreGerererereeereree tics t ties Jastisa Geis darding, 3863 Be: 7 AGRE ees eeresesererree tases eneas Siatlow AIVIAL Ananopehonner |