Morimusa & Abdul Najib [1923] SLCA 11 (29 January 1923)

!!9th January, 1923. MORB.n:;s.A - - Appellant. v. A.BDUL F ATTA N AJIB - Respondent. J·udgment ,qil•en October Gth, 19'22-Co1ld1t ional leave granted October 20th, 1922-Condi twns not fulfr:lled 1nthin requisite month-Further llf>f'l cation to L l('e Court, u·hich could hat·e bern 111adc "1' to J ouumy Gth, 1923, neve r made­ Present application to Full Court, 71Wde on 20th Jarwary, 1923. The facts d this cas<J artl sufficiently set out in the judgment. Application for Special J.ea\C to appeal from a judgment of Purcell, C .. T., in the Supreme C'ourt of the Colony of Sierra Leone . T. A.. Taylor for the Appellant. TV right for the Re:::pondent. :llcDOXXELJ , Acting J. In thi!i application for :·qwcial lea\e, the AppE-llant, in the fir,;t. instance' filed an affidavit ('Oldaininl? no ,-ingle uatt>. The Court allowed him to file a n<'w affida,it with further details. The grounds of the application arc tlwt <•oJuli' ional leave was gi,en a fortnight after the decision on the merits, but that on that ' ery day the .d.ppellant bst two members of hi:; house­ hold, and so was prevented from fulfilling the condition s within the requisite month. Xo explanation is o:fferecl wh~- a second application was not made to the lower Court. The Appellant had 'I chance of doing­ this right up to Januar~ 6th. hut he elected to wait until J anuary 20th, when he came and made his application to the Full Court. The remark~ made hy me in the other applications for special lea>e apply in thi<; cn~e too. and I see no rea~on whate,Pr why lhP application shoultl not hE> di:-mic;c:ed '"ith costs. PURCELL, C.J. I agree. SA WREY -COOKSOX. ,J. I agr ee.