Mohamed Bangura v Dalien Shengai Ocean Fishing & Co & 2 Others (SC CIV APP 1 of 2018) [2019] SLSC 5 (29 November 2019)

Zo

SC. CIV. APP 172018

BETWEEN:

MOHAMED BANGURA. + APPELLANT 4

AND

DALIAN SHENGAI OCEAN FISHINGCO = I*__ RESPONDENT

ABIE ARUNA KOROMA - 2 RESPONDENT MONZA FISHING COMPANY 3" RESPONDENT

Coram

HONOURABLE MR. JUSTICE E. E. ROBERTS - Jsc HONOURABLE JUSTICE G. THOMPSON - ssc HONOURABLE MR. JUSTICE A.B. HALLOWAY ssc HONOURABLE MR. JUSTICE M. S. KOROMA - ssc HONOURABLE MR. JUSTICE E. TAYLOR-CAMARA - JA

Mr. B-T. Koroma for the Appellant Mr. Umaru Napoleon Koroma for the 1** Respondent Mr. Afticanus Sesay and Ms. Sadia Bakarr for the 2! and 3" Respondents

JUDGMENT OF THE HON, MR, JUSTICE E, E ROBERTS, JSC Detiveed onthe” iy ot November 2019 The Appellant Mohamed Bangura is a fisherman who has been engaged in the fishing business for over 25 years. According to him, sometime in November 2013 he was approached by his friend one Michael Wang also known as Yang Wang ( who told

‘him that his Chinese business counterparts were interested in engaging in fishing in

Sierra Leone and were looking for a Sierra Leonean with the requisite knowledge of the

fishing industry). Michael Wang then introduced him to one David Wei who claimed to

be a representative of Dalian Shenghai Ocean Fishing Company (1* Respondent).

Acting as Representative of the 1” Respondent Company, Mr. Wang and David Wei

commenced business discussions leading to the appointment of the Appellant as the sole”

agent of the 1* Respondent Company in Sierra Leone. They informed the Appellant that the I* Respondent Company had applied for a loan from the Government of China for the construction of 10 (ten) fishing vessels and that asa condition forthe granting of the loan the 1* Respondent Company was required to show some assurance that it will obtain the necessary clearance and licences from the Ministry of Fisheries and Marine

Resources and that storage facilities were readily available.

They then requested the Appellant to go in search of a company or individual with the

requisite fishing storage facility so as to facilitate the grant of the loan to the 1*

Respondent Company.

‘The Appellant further alleges that it was orally agreed that once the loan was approved

the I Respondent Company would bring the said vessels to Sierra Leone, commence

fishing and the catch and proceeds would be shared as agreed by the partes.

The Appellant carried out his own side of the agreement by securing storage facilites as | well as initiating contact with the Ministry of Fisheries and Marine Resources. The storage facilities that the Appellant secured later became unavailable and as result he | contacted a friend to discuss possible alternative facilities. It was then that he met the 2"*

Respondent (Abie Aruna Koroma) who was residing in the same house as this friend at Goderich, The 2"! Respondent got involved in the discussion during which the Appellant

told her that he was the sole agent of the 1 Respondent. The 2 Respondent told him

that she operated a fishing business and would be able to secure a fishing storage Facility ‘and for this she demanded 25% shares ofthe company to be incorporated in Sierra Leone

by the Appellant and the 1" Respondent. The Appellant agreed and the documents were prepared for the incorporation of the company. Subsequently she failed to sign them but instead proceeded to enter into an agreement directly with the 1* Respondent after 4 inducing the 1 Respondent to breach their agreement with the Appellant.

By Writ of Summons dated 23" July, 2015, the Appellant brought an action in the Hligh Court against the 1*, 2" and 3° Respondents praying for, among other things, damages for breach of contract, specific performance and damages for inducing breach of contract.

The Respondents filed their defence denying the Appellant's claims and the matter proceeded to trial. At the end of the trial the Appellant's case was successful and by judgment delivered on the 134 February, 2017, the High Court granted the following

Orders

1. Against the 1*, 2"! and 3° Defendants a declaration that the Plaintiff is the sole agent and promoter ofthe I* Defendant in respect of all fishing activities in Sierra + Leone pursuant to oral agreement entered into between the Plaintiff and the 1* Defendant in 2013.

2. An injunction restraining the 1* Defendant whether by itself or its servants, agents or privies from carrying out fishing activities in Sierra Leone with the 2° and 3° Defendants to the [exclusion] of the Plaintiff is refused accordingly.

3. An Injunction restraining the 2% and 3" Defendants from engaging in any fishing business and/or activities with the 1* Defendant whether by themselves, their servants, agents or privies is refused.

4. T order specific performance against the 1" Defendant of the oral agreement entered into between the Plaintiff and the 1* Defendant in the year 2013. |

5. Against the 1" Defendant recovery of the sum of US$126,000.00 (One Hundred | an Twenty-Six Thousand Dollars) being promoter and agency fees incurred by * | the Plaintiff as agent and promoter of the 1" Defendant for engaging into ] discussion and negotiations with the Ministry of Fisheries and Marine Resources i in Sierra Leone.

6. order the 2" and 3 Defendants to account for the proceeds of sale of frozen and | other fish obtained during fishing activities in Sierra Leone with the 8 vessels | referred to as Shengai 1,2,34,5,6,7 and 8.

7. The Plaintiff shall recover against the 2" and 3" Defendants the value of 26,000 cartoons of fish (6,000 of which weighed 25 kilograms and 20,600 of which ‘weighed 20 kilograms) sold by the 2"! and 3" Defendants in the local market of Sierra Leone between the period 14" July 2015 to 20" July 2015.

8. Against the 2% and 3rd Defendants recovery of the value of the total amount of cartoons of fish obtained from the fishing activities using the 1* Defendant's fishing vessel referred to above until payment.

9. Against the 2" defendant damages for inducing a breach of contract entered into between the Plaintiff and the 1* Defendant in the year 2013 assessed at USS120,000.00.

10.US$10,000.00 and USS20,000,00 as Special Damages is refused.

1 Interest is awarded on the said amount of US$126,000.00 pursuant to the Laws of Sierra Leone to be assessed.

12.Cost of the Plaintiff's Solicitors if not agreed to be taxed.

The Respondents were dissatisfied with the judgment of High Court and as a result filed 42 Notice of Appeal to the Court of Appeal. This Appeal was heard and after hearings the

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