Mohamed L. Abdullahi v Habib Conteh (CIVAPP 4/2024) [2026] SLCA 7 (8 July 2026)

fling approved by the court for handing down Mohamed Lawal Abdullahi v Habib Conteh ‘Neutral Citation Number; CIVAPP 4/2024) __SLCOA (Civil Division (Case No: CIV. APP 4/2024 IN THE COURT OF APPEAL OF SIERRA LEONE. ON APPEAL FROM THE HIGH COURT OF SIERRA LEONE HON JUSTICE MANUELA A J HARDING J FS EAP a Law Court Building s “en ik SA, Siaka Stevens Street bie Freetown Bi och LP eGo pe fAk Date: 8 July 2026 ey» Before: REGIS THE HONOURABLE MR JUSTICE SO TAYLOR JA (PRESIDING) THE HONOURABLE MR JUSTICE AS ALIEU JA and THE HONOURABLE MR JUSTICE A FISHER Between: MOHAMED LAWAL ABDULLAH! Appellant -and- HABIB CONTEH. Respondent (Purported Attorney for Mrs Asmau Ahmed Abokie) Mrs Z D Kamara of Counsel and Fl Bockarie of counsel for the Appellant Mr ET Koroma of Counsel and Mr D Koroma for the Respondent Hearing date: 30 March 2026 APPROVED RULING We direct, that copies of this version as handed down may be treated as authentic. Page 1 of 28

iohamed Lawal Abdullahi v Habib Conteh Ruling approved by the court for handing down Mohamed L

The Honourable Mr Justice Adrian Fisher J: (Giving the Judgement of the

Court)

1, This is an appeal against the decision of the High Court, to which all members have contributed equally, on an application that is concerned with matters that were the subject of a ruling by the High Court dated the 5" day of November 2025, in which the learned trial judge entered judgement in favour of the Respondent to this appeal.

2. The appellant then filed a notice of appeal dated 9 November 2025, raising a number of grounds of appeal, which we shall deal with in due course.

3. By way of a notice of motion dated 6" February 2026, the appellant sought a number of ‘orders, which | shall deal with in due course.

The notice of motion

4. The notice of motion seeks the following orders:

1. An interim ex parte injunction, restraining the respondent from intermeddling with, holding himself out as having a right to deal with the property situated at 30 Liverpool Street Freetown or in any other way whatsoever, adversely dealing with the said property.

2 An interim injunetion, restraining the respondent from intermeddling with, holding himself out as having a right to deal with the property situated at 30 LWverpeol Street Freetown or in any other way whatsoever, adversely dealing with the said property

3. An interlocutory injunction restraining the respondent from renting, leasing selling mortgaging or howsoever otherwise called, intermeddling with, holding himself out as having aright to deal with the property situated at 30 Liverpool Street Freetown or in any other way whatsoever, adversely dealing with the said Property.

“An order directing the Respondent to pay all rents accruing from the property at ne 30 Liverpool Street, Freetown, and paid to him subsequent the date of the

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Ruling approved by the court for handing down Mohamed Lawal Abdullahi v Habib Come Judgement of the court below, pending the hearing and determination of this appeal or until further or otherwise ordered,

5. Any further orders that the court may deem fit, and costs.

5. The application is supported by the affidavit of Frederick Ishmail Bockarie, a Barrister and Solicitor of the High Court of Sierra Leone, sworn to on the 6 February 2026, with exhibits attached

Background facts 6 This appeal arose out of a dispute between the parties with regard to the rights to

acquire the property, referred to above, which led to the issuance of a writ of summons by the appellant dated 14% February 2024. The appellant then filed a notice of motion dated 27" February 2024, seeking a number of orders as set out in the notice of motion, including an injunction. The plaintiff then supported the application with an affidavit in support sworn to by Frederick Ismail Bockarie, on the 24" February 2026.

7. The Hon Mr Justice Kamanda JA (as he then was), granted an order dated 1 March 2024, compelling the defendant to lodge the letters of administration taken out in Fespect of the estate of General Abokie on the 10® December 2021 with the Master and Registrar, with immediate effect amongst other consequential orders.

8 The learned judge further granted an interim injunction dated 12 March 2024 against the defendant.

9. On the 14" March 2024, the defendant filed a notice of motion, praying for a number of orders: It is necessary for me to set out the basis of the motion as it is germane to the outcome of this case. The defendant sought a stay of proceedings pending the hearing and determination of the application amongst other orders, which includes:

1. That the writ of summons dated 14% February 2024, be struck on and or dismissed for the following reasons: Page 3 of 28

Ruling approved by the court for handing down Mohamed Lawal Abdullahi v Habib Conteh |. That the plaintiff did not disclose his capacity and in any event lacks ‘capacity to institute the matter That the action is malicious, frivolous and vexatious. M, That there is an administratrix of the estate of General Ahmed ‘Abokie Abdullahi ~ deceased intestate; who ought to have been the ‘1st defendant in this action,

2. Any further orders the court may deem fit and just in the circumstances.

3. That costs of this application be borne by the plaintiff.

10. On the 20° day of January 2025, the plaintif fled another notice of motion seeking an order that Commerce and Mortgage Bank who were tenants occupying property, comprising of the estate of General Ahmed Abdullahi Abokie, to pay the rent due in respect of the premises at No 30 Liverpool Street, Freetown into a competitive interest bearing account to be held in its bank, the same to be managed by the Solicitors for the parties pending the hearing and determination of the application or until otherwise ordered.

11. On the 27° February 2025, the plaintiff fled an application for a warrant of arrest against the alleged contemnor for failing or neglecting to comply with the orders of the court dated 12" March 2024,

12. The mateer was apparently transferred to the Hon Justice Manuella Harding J and on the 5® day of March 2025, the learned Judge gave a number of orders, to wit:

1. That the contemnor is ordered to refund the sum of One Million four hundred and ninety-two thousand five hundred and sixty-eight new leones ne 1,492, 568.00

2. That both counsel for the parties must jointly open an escrow account at the Ecobank and serve the contemnor and operate the said escrow account.

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