James Tamba v Momoh Kai (CIV APP 3 of 1984) [1992] SLSC 6 (19 February 1992)

tp — ee a 124

SLB SpE coMmE OF sansa suOKy Loney The Hon. Hr. Justice S. JP. Kutuu c. J. Presiding Bhe Ron. Ir. Justice c. A. Harding 3.5.0. e the Ton, Hrs. i. V. i. AmmomRenner 3.3.0. The Han. Nr. Justice 3,3, Davies J.3.0., The Hon. Mr. Justice $.0.2, tame 3.8.0. CIV.APD.3/a4 - JANES Bia - aPISLLUT E va. NOMOH Kar - RESTONDANT P.M. CAREW BSQ. for the Appellant we B. J. AKAR ESQ. for the Respondent SURGHBIE DBLiVERED DIS tora per oF ZaRuLRY, 1992 UG: .8.C.1- This 19 en Aypoad against the Judgaint of the Court of Appeal delivered on the 6th day of £pril, 1964 reversing the Tudgoent of {he High Court delivered on the 22nd dey of Noven'er, 1380. Janes Taube (the ippetiant herein) by Writ of Sunons dated 10%h Octover, 197 wade a Clain against Moaoi Kas (the Kespontent herein) for: (a) Damages for trespass, and (b) 40 tnjunetion ‘The facta of the case sxe ag follove: Fy Dood of Conveyance antod 2nd Ootover, 1963, Gu» cxent alin Bunda Sold a certain piece or parcel of Lond situhie and lyin: off City nosa Wellington in the vestem irea of (tho Republic of ) Siermn Yeone te one Wowoh Kanara, tho lend vas demarcated in the said Cenvoyance tina, on the North by Private Property 150.0 feat; on the South by ecsse toa 149.5

feet 5 “onthe Bast by the resaining portion of thie eald land thon in the » Posseaeion of the Vendor 74.1 feet. The Conveywieo wan tendered in evidenge end Korked Bxh, "J" Kongh Kanara divided this land into three. Fiote acd sold one Plot to Jmes Casara Macauley. The Dood of Conveyance

was dated 1st Kay, 1971 ond a Copy was tendered in evidence sad Mazted Exhibit "P 2m, On the 8th April, 1974, vocon Kamera sold another portion of the seid land to Mozoh Kei. Pais Conveyance vas tendered and ifarked Bxh. "E", On the 15th October, 1975, nas Camura Macauley sold his piece of Jand to Momoh Kai. 2 copy of the Conveyance was tendered und Harked Exh . "3 a",

During the neyotiation for the dale of Land by ouch Konara firstly *0 Janes Canare Kacauley an secondly to the 2espondent, the Appellant was the "go between",

After Exhibit "¢ 2" hea been executed between Jaea Canara Hacauley and the Respondent, the Respondont said that vas the anid Piece of land he bought from Homoh Kanara. onch Kouwnta hed since died. ‘The Respondent subsequently reported the matter 40 the C. I. D. and clained from the Appellant the sun of 161,637.50 for expenses incurred on the jend transaction, The Appellant paid Respondent the money ond itospondent subsequently executed a Deed of Conveyance in favour of i yyellant vhich vas tendered in evidence as Exh. "i",

Exhibit "A" is the subject matter of the dispute sotween “Ppellant and Respondent.

he History of the Proceedings is as folloxs:—

4 Writ of Summons issued on 10th October, 1977 sas accompanied bya Statement of Claim. I will herein set out vhat 1 consider to be the Raterial Paragraphs:~ .

"3. That by Indenture of Conveyaice dated the oth day of a. pril, : 1974 expressed to be ude setveen ‘omoh Keane (Principal or Plaintiff) of the first part snd Honoh Ket (Defendans herein) of the other pert, and rogistored rs to. 310 at Fage 143 in Volune 266 in the Boot: of Conveyance ii: tho Office of the Registrar General, Freetom, the said 1nd was conveyed +n the Defendent.

4+ That after the execution of tho said Indenture of Conveyance souecne laid clata to the said land which caused Defendant to report Plaintiff to tie Cximinal Investigetion Departuont of Police in sreetown. 5+ That the Folic on receipt of Defendant's report against Flaintiff reganling the seid Sale of the said land, requested Plaintite to vetum the Purchase Price of tho seid land plus el2 expenses incurred by Defendant to Defendant which Plaintiff willingly did.

6. By an Indenture of Conveyence tearing date the 20th day of September, 1976 expressed to be uade between Nomoh Kai (Defendant herein) Seana of Ko. 66 Soldior Stzeet, Freetown of the first part and Janes Tanda Seaman of Nc. & Comotary Road, Congo Town, Freetown of the other part and registered as Ho. 972 at P.144 in Voluse 207 in the Book of Conveyances in the Office of the Registrar-General, ¥reetown the said land waa re-conveyed by the Defendant herein to the Flaintiff herein for 1e1,637.50.

7. That in spite of the said Conveyaxce of the said land the Defondant has tresspnssed on Ticintifi's land by erecting permanent building structures cn the said land without the consent of the Plaintiff.

8. The Plaintiff therefore clcins:—

(a) Damges for Vrespasa

(») sn Injunction aginst the Decendant, his Agents and Servants from committing Mirther acta of trespass.

(c) ‘un Order ordering Deferdant to deuolish a2 structures erected on the said land.

(a) Danages for nonse provit at the sun of 101,000 per annuz.

(e) und for my other relief wisich the Honourable Court may deen fit in intexest of Jusvico."

Tho Respondent duly filed 2 Defence which wes subsequently onended, ‘he anended Defence waa in tis following seca:

“te The Defendant adnits Farngreshs 1 to 5 of the Stateront of Clain filed herein,

2. The Defendant avers that ke was induced by GUD. Officers to sign the Conveyence wearing date’ of Liv 20h day of Soptenter, 1976 and expressed to ve risa veteoen sou Led (Defendant Perein) Seanan and Jases Tat: (Flointis? ierein) ae stated in Paragraph 6 of the Statereat of Clain Slleé herein but denies selling the said lind the-win deseriwec in tse aula Conveyance to tho Plaintie.

3. The Dofendsnt will Avcther contené tit the eun uf Let 637.50 paid -- by the Plaintiff to tho Defendant wes rezely a resumé by the said Defendant to thé Plaintiff of the purchase zrice of the lend originally to the Plaintiff of the lmd omicinaliy vought from Monch Kanara in Conveyance registered as muvver 310 at Faze 143 in Volune 266 of the Sooks of Conveiyincos in the Cifice of the Registrar-General plus otte> exjenses incumed in the inprovement Of the eidd lend and that the Defendant xis net selling hie Jana to the + Plaintiff ond Had no reecon to de so,

4+ The Letundert will contend thet he iv the Lesa) end rightfur omer of the said Froperty Zor which ne holds « veJia and regis tered Convey:mce Zor the said Proverty éatod, ISth day of October, 1975 nt registered as tio. 922 at Y. a0 48 in Volume

279 im the Yooks of Conveyarces in t.e Of¢ico of the Rogistrar-eneral." The Plaintstf filed an anéhdod veciy ind nee the following avertments:— "Ne The PLiintice maya that parépiaoh 2 of the wonded Defence is a Complste con! riliction of adutesion alveniy wile in Paxegraph 1 : Tespectively of Devonce nn’ Auerded Dozonce.

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