Mrs Ayodele T. John v Genevieve Sherman & Another (SC MISC APP 2 of 2015) [2016] SLSC 1173 (12 February 2016)

uP CT Misc Appl 2/2015 IN THE SUPREME COURT OF SIERRA LEONE > BETWEEN i MRS AYODELE THERESA JOHN (Nee WESLEY) - pLAINTIFF/RESPONDENT (Suing as Administratrix of the intestate estate of MADAM MARY BROWNE Deceased intestate through the plaintiff's lawful Attorney Mr Jenkins Nyko Willioms) AND MADAM GENEVIEVE SHERMAN = DEFENDANT/APPLICANT (sued as the Administratrix of the testate estate of MARS GLADYS A NEWMAN-SAMUELS (Nee WESLEY)

Coram

THE HONOURABLE MR JUSTICE NC BROWNE-MARKE JUSTICE OF THE ‘SUPREME COURT . THE HONOURABLE MR ‘JUSTICE E E ROBERTS JUSTICE OF THE ‘SUPREME COURT THE HONOURABLE MS JUSTICE VM SOLOMON gusTIce OF THE ‘suPREME COURT COUNSEL: J 8 JENKINS JOHNSTON ESQ for the Applicant MP FOFANAH ESQ for the Respondent JUDGMENT DELIVERED THE bev OF FEBRUARY 2016.

SUP CT Mise Appl 2/2015 IN THE SUPREME COURT OF SIERRA LEONE

(supervisory Jurisdiction)

IN THE MATTER OF SECTION 125 Of

)f the Constitution of Sierra

LEONE,1991 ION OF ste AND IN THE MATTER OF THE UNDERMENTIONED MATTERS IN THE HIGH COURT OF STERRA LEONE (a) C.C. 255/2010 2010 S No. 31 IN THE HIGH COURT OF SIERRA LEONE

(land and Property Division)

BETWEEN: GENEVIEVE SHERMAN ~ PLAINTTIFF (As Administratrix of the estate of Mrs Gladys Abioseh Juah Newman-Samuels (deceased) AND MR HARESH BUDHWANT - DEFENDANT (b) C.¢.337/10 2010 J No. 25 IN THE HIGH COURT OF SIERRA LEONE IN THE MATTER OF THE RESPECTIVE ESTATES OF MADAM MARY BROWNE (DECEASED INTESTATE) AND MRS GLADYS 4 NEWMAN-SAMUELS (Nee WESLEY) (DECEASED) 7 AND IN THE MATTER OF THE ADMINISTRATION OF ESTATES ACT CHAPTER 45 OF THE LAWS OF STERRA LEONE 1960 & THE DEVOLUTION OF ESTATES ACT.2007 BETWEEN: THERESA JOHN (Nee WESLEY) - MRS AYODELE PLAINTIFF/RESPONDENT ‘ini: of the (Suing as Administratrix 0 mane intestate estate of MADAM MARY BR

Deceased intestate through the Plaintiff's lawful Attorney Mr Jenkins Nyko Williams) AND MADAM GENEVIEVE SHERMAN - DEFENDANT/APPLICANT

(Sued as the Administratrix of the testate estate of 5 MRS GLADYS A NEWMAN-SAMUELS (Nee WESLEY)

THE HONOURABLE MR JUSTICE N C BROWNE-MARKE

JUSTICE OF THE SUPREME COURT

THE HONOURABLE MR JUSTICE E E ROBERTS

JUSTICE OF THE SUPREME COURT

THE HONOURABLE MS JUSTICE V M SOLOMON

JUSTICE OF THE SUPREME COURT

COUNSEL:

J.B JENKINS-JOHNSTON ESQ for the Applicant

MP FOFANAH ESQ for the Respondent

JUDGMENT DELIVERED THE (Tar OF FEBRUARY 2016.

The Substantive Application

1. By Notice of Motion dated 29" January,2015, the Applicant applied to this Court for the following Orders pursuant to Section 125 of the Constitution of Sierra Leone,1991.

i. That this Honourable Court do issue an order of certiorari, quashing the order of the Honourable Mr Justice A D Konoyima, J dated the 10" day of March,2014 in the action intitled € C 337/10 2010 J No. 25 between MRS AYODELE THERESA JOHN vs GENEVIEVE SHERMAN currently pending in the High Court of Sierra Leone in'so ! far as it purports to restrain the Bailiffs of the High Court from doing their lawful duty.

ii, That this Honourable Court do issue an order directed to the Under Sheriff of the Republic of Sierra Leone authorizing him to execute the judgment of the Honourable Mr Justice A H Charm dated 14" day of Janwary,2014 in the action intitled C.C. 25/2010 2010S no. 31 Between GENEVIEVE SHERMAN vs MR HARESH BUDHWANT,

iii, Any further or other reliefs as this Honourable Court may deem just.

| <a iv, That the costs of this application be borne by the Respondent

APPLICANT'S AFFIDAVIT

2. The Application is supported by the affidavit of Genevieve Sherman deposed and sworn to 29" January,2015 The Applicant's case as deposed i to in her affidavit, is as follows: On 14% Jonuary.2014 after a fully 5 contested trial in the action in which she is Plaintiff, CHARM. JA now (CHARM, C1) gave judgment in her favour ‘and Ordered that she immediately recovers possession of the property situate at, and known as 22 Krootown Road, Freetown, A copy of the Judgment is exhibited os “GS1". On 4" February 2014 the Learned Justice granted her leave "0 issue a writ of possession. The Order of Court is exhibited as "682" Pursuant to such leave, she sued out a writ of possession and fieri facias on 10" February 2014, exhibited as "G53". She also obtained a Writ of Assistance, exhibited as "6S5" pursuant to an Order of Court dated 5™ March 2014 - exhibit "$4", On 10" March,2014 she wos served with an Order of Court made by KONOYIMA, J, exhibited os "656", The Order granted an Injunction to the Plaintiff in the AYODELE THERESA JOHN matter against the Applicant herein. Tt restrained anyone from interfering with, entering upon, dealing in, leasing. letting or in any way disposing of the properties at 22 Krootown Road, Freetown and 18 Victoria Street, Freetown pending the determination of the action therein, The deponent deposes further that thot was 0 separate and distinct action from that in which she had been granted possession of the Krootown Road property. She deposes further that the last mentioned Order purports to stop the Under-Sheriff and his Bailiffs from executing their lawful and ‘constitutional duties pursuant to a judgment of a Court of competent jurisdiction, since, omong other things, there has been no appeal against the Judgment of CHARM, JA (now CHARM, CJ) The writ of possession and fieri facias combined, has since not been executed, She therefore asks this Court to quash by way of an Order of Certiorari, the Order made by KONOYIMA, J on 10" March,2014, and to i direct the Under-Sheriff to execute the Judgment of the Court presided over by CHARM, JA (now CHARM, CJ).

RESPONDENT'S NOTICE OF PRELIMINARY OBJECTIONS

3, Before the Applicant's Motion could be heard by this Court, on 3 March 2015, the Respondent's Solicitor, Mr MP Fofanah, filed a Notice

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