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

- a . . “eit ts ULE ype coupe OF SIERRA LEONg 2 Saat : . CORAM: ie , . , ; The Hon. tir. Justice OsAe Harding, Je5.C. = Presiding The Hon. Mrs. Justice AsVeA. iamnor-"emner - J.5.C. The lon. Mir. Justice S. Deccles Davies - 3.8.06 | SC. Mise. app. No. 2/86 KADIARU JALLOH -. APPLICANT “4 : VS. : 7 NATIONAL INSURNICE CO. LID RESPONDENT . Gibson Okeke Esqe, for Applicant 7 Mrs. Shanineh Bash-Taqi, for Respondent RULING DELIVERED on DIS 183i DAY OF Marcn 1986 BECCLES DAVIES, J.S C.t-The applicant Madam Kadiatu’ Jalloh AEE seeks leave to issue an Order of Certioreri "to remove into this’ Honourable Court for the purpose of being quashed an . Order or judgment dated the 315t day gf January 1996 authoris= ing the National. Insurance Company Limited Ho. 18/20 Walpole Street for possession of No. 14 valpole Street the Matrimonial - home of the applicant and TIRGE OUM?P vives of the late Alhaji Abubakar Jalloh of No. 14, Walpole “treet.” The order or judgment dated 31st January 1986 referred ‘np in the application was made 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 (ActNo. 12 of 1978). Seetion 105 provides = : . "The Supreme Court shall have supervising jurisdiction over all other Courts in Sierra Leone ond over any adjudicating . authority; ond in oxercise of its super= . 7 2 set 2 is visory jurisdiction: shall have power to ‘ , issue such directions, orders or writs Joeed

Sad 2-26 R or orders in the nature of habeas corpus

certioreri, mandamus or prohibition as it : may consider appropriate for the purposes . of enforcing or securing the enforcement of its supervisory powers,” _ The applicant has involved the provision of Seoticn 105- ’ ‘he Order of Certioreri lies at the instance of an aggrieved party for the purpose of removing the proceedings of the inferior Vourta of record oF other persons oF bodies of persons exercising judiedal and quasi-judicial fonctions ana determining whether : such proceedings shall be quashed, or to quash them. It will . 4ssue to quash a determination for wnt or excess of jurisdiction, error on the face of the record, breach of the rules . of natural justice, or where the deternination was procured ' py’ fruads collusion or perjuryy . : The proceedings which are the subject of this application \ werd commenced and concluded in the High Court. Pinal judgment was entered for the respondentse Several grounds have been urged in the applicatt's statement. The short point to be decided is can an order for certioreri be made quashing the i ? judgments of inferior courts of civil jurisdiction? The } "answer to that question is Now (See Halsbury’s Laws of England 3rd Ede Vol II at page 130.) “here it is stated that certioreri does not lie to quash the judgments of inferior ; courts of civil jurisdiction. See also LAWES v HUTCHINSON (1835) 3 DOWD 506 at pP+ 5086 ‘ a . ~Tm@ the circunstances the application for leave is refused. PPPPTTETI TTT ee (ion. Mr. Justice S. Beccles DaviessJ:, : I agreasssserserseeseeeec isnt ist astice Gohs ilasdingy 350) Po I agpetesesnrereteeorertisetttns’ *Sastiow AcVeds Awunorcitenner ee