Mohamed Jalloh v Administrator & Registrar General (MISC APP 12 of 2018) [2019] SLCA 2 (27 March 2019)

rea IN THE HIGH couRT OF SIERRA LEONE LAW COURTS BUILDING | SIAKA STEVENS STREET | CC 386/17 MOHAMED BAH PLAINTIFF | AND

‘THE MANAGING DIRECTOR. 4° DEFENDANT | AFRICELL (SL) LTD |

AFRICELL. (SL) LTD 2” DEFENDANT |

REPRESENTATION: |

£.S. ABDULALESQ. COUNSEL FOR ‘THE PLAINTIFF | A, SHOWERS ESQ. COUNSEL. FOR THE DEFENDANTS

BEFORE THE HON. MR. JUSTICE SENGU KOROMA JA. JUDGMENT DELIVERED ON 26™ JULY, 2018

1. ‘The Plaintiff herein filed a Writ of Summons dated the 9 day of December, 2ory against the Defendant Company and its Managing Director (hereinafter referred to as “the Defendants”) claiming the following:

1) Damages for breach of duty;

2) Recovery of the sum of Le 1,094,151,776.00; and

3) Anorder that the Plaintiff be flown to India for his second medical treatment at the expense of the 2! Defendant

4) Any order or orders that this honourable court may deem fit and just.

2. The Defendants entered appearance to this action on the 8% of January, 2018 and filed a defence on the 18" January, 2018.

3. [have not referred to the particulars of claim herein because there is an application for Summary Judgment before me to determine; the affidavit in support of which will deals with all issues relating thereto.

4. On the 26" May, 2018, Counsel for the Defendants, A. Showers Esq. informs the court that his clients are considering settling the matter out of court. He proposes the payment of Le 51 million as compensation with regards to the injuries sustained by the Plaintiff and Le 59 million as end of service benefits.

5. The proposal is unacceptable to the Plaintiff and his Counsel, Emmanuel S. Abdulai Esq. who informs the court that they want compensation for:

i, Disability; ii. Training iii, Unutilized period of employment; iv. Long term medical treatment; and v. Solicitor’s costs.

6. In view of the failure of the parties to agree on a settlement, I ordered that the Plaintiff's Counsel move his application on the next adjourned date.

7. On the go" May, 2018, Mr. Abdulai moves the application in which the Plaintiff prays for the following Orders:- JSK/CK Page | 2

«That this Honourable Court do order the Plaintiff/Applicant to enter ( Summary Judgment against the 1* and 2! Defendant/Respondents on the reliefs claimed in the Writ of Summons dated 9" December,

2017 pursuant to Order 16 (1) of the High Court Rules 2007

2, Special damages in the sum of Le1,094,151,776.00

3. Damages for breach of duty of care.

4. Interest rate at 35% per annum.

5. An order that the Plaintiff be flown to Indian for his second medical

treatment at the expense of the 2"¢ Defendant.

6. That the cost of this application be bome by the

Defendant/Respondents

8. ‘The application is supported by the affidavit of Alpha Saliew Ndolleh worn to on the 25" day of April, 2018 together with the exhibits attached thereto. In the said affidavit, the deponent avers that there is an employer/employee relationship between the parties-Exhibits “ASN1”

9. In paragraph 3, the deponent avers that in the course of his employment, the Plaintiff was attacked by bees and fell down from the pole of the Defendants.

10. The deponent further avers as follows:

i. Paragraph g-That on the 28!" day of June, 2016 Dr. Williams prognosed that the Plaintiff's right Knee had dislocated and recommended certain actions including flying him overseas for treatment.

ii, Paragraph 6-That the medical treatment was initially done bya Doctor in India, who only did part of it. The medical report is exhibited and marked “ASN 2”.

sii, Paragraph 7-That the Plaintiff has been rendered incapable to do any work:-

© Can no longer walk without the help of clutches «© Hislefteg is overburdened by his weight JSK/CK Page |3

© Heisno longer able to carry on his trade iv. Paragraph 10-That the Doctor in India recommended that knee ( replacement be done on the Plaintiff six months after the initial treatment but the Defendants refused to finance the trip. The said recommendation is exhibited and marked “ASN 3”. % Paragraph 12-That it is clear from the defence filed that the Defendants have no defence on the merit.

11. In his oral submission, Mr. Abdulai argues that the Plaintiff is no longer able to do the job be used to do. At the age of 34 years, the Plaintiff is 26 years short of the retirement age and so in his claim, his future earning was computed up to the date of retirement.

12. He submits that the Defendants cannot rely on the Workmen's Compensation Act, Cap 19 of the Laws of Sierra Leone, 1960. In his view, that Act is not applicable to matters commenced in the High Court as Section 23 thereof only gives this court an appellate jurisdiction.

13. Counsel for the Plaintiff in addition relies on the following cases:~

i. NATIONAL PARKS & WILDLIFE SERVICES -V- STABLE PERISHERS (1990) NSWLR ii, | MOSES J. WILL -V- CHINA RAILWAY 7™ GROUP. iii, | GIBRILLA BANGURA -V- HENAN CONSTRUCTION COMPANY LTD

14. Mr. Abdulai concludes by reminding the court of the need for equity and good conscience to prevail as what the Defendants are offering is grossly inadequate.

15. ‘The application is opposed by the Defendants and their Counsel, Adewale Showers Esq. relies on an affidavit sworn to on the 11 May, 2018. In paragraph 4 of the said affidavit, the deponent avers that on the 26t June, 2015, the Plaintiff herein had an accident whilst working for the 2"¢ Defendant: that he had to unhook the protective harness in order to release himself and flee from the attack of bees. He exhibits “AF1 A”-Accident

JSK/CK Page | 4

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