Mustapha A. Tarraf v Dennis M. Sandy & 2 Others (SC 11 of 2020) [2021] SLSC 41 (25 October 2021)

(aE Buy > se.11/2020 RG pate IN THE SUPREME COURT OF SIERRA LEONE (ORIGINALS! N) IN THE MATTER OF SECTION 21 OF THE 1991 CONSTITUTION OF THE REPUBLIC OF SIERRA LEONE ACT NO. 6 OF 1991 IN THE MATTER OF SECTION 124(1) OF THE 1991 CONSTITUTION OF SIERRA LEONE OF THE REPUBLIC OF SIERRA LEONE ACT NO. 6 OF

IN THE MATTER OF SECTION 127 OF THE 1991 CONSTITUTION OF THE REPUBLIC OF SIERRA LEONE ACT NO. 6 OF 1991 IN THE MATTER OF PART XVI RULES 88-98 OF THE SUPREME COURT RULES 1982 IN THE MATTER OF ORDER 43 OF THE HIGH COURT RULES 2007 BETWEEN: MUSTAPHA ABU TARRAF (Suing as the Attorney of MOHAMED KAMEL WANZA) - Plaintiff AND: DR. DENNIS M. SANDY - 1 Defendant THE DIRECTOR OF SURVEYS AND LANDS = 2% Defendant THE ATTORNEY GENERAL AND MINISTER OF JUSTICE - 3 Defendant

Coram

HON. MR. JUSTICE EKUNDAYO E. ROBERTS Jsc HON. MR JUSTICE ALLAN B. HALLOWAY JSC HON. MR JUSTICE ALUSINE S. SESAY JSC . HON. MR JUSTICE MANGAY F. DEEN-TARAWALLY — JSC HON. MR JUSTICE M. SENGU KOROMA Jsc COUNSEL ~ P. LAMBERT ESQ. & E. PAPS-GARNON ESGQ for the Plaintift/Applicant 0.1 KANU ESQ. & A. CONTEH ESQ. for the Defendants/Respondents

: RULING/JUDGEMENT * Delivered this Zh day of Ochspey 2024 The application herein, dated the 30" October 2020 and made by MUSTAPHA * ABU TARRAF, as the Attomey of MOHAMED KAMEL WANZA, seek answers

to the following questions and pray for certain reliefs, pursuant to Section 28

and 124 of the CONSTITUTION OF SIERRA LEONE 1991 namely:

+ Whether all that property situate, lying and being at Peninsula Road, Sussex in the Western Area of Sierra Leone, more particularly described and delineated on the survey plan numbered LS 1631/90, being claimed by the Defendants/Respondents is State Land in accordance with the definition in Section 2 of the STATE LANDS ACT 1960 or any other legislation in Sierra Leone?

2. Whether the entering upon the Plaintiff/Applicant's property aforesaid, by the 1* and 2™ Defendants/Respondents with a group of armed men chasing the workers and security guards, putting up a sign board with the inscription ‘THIS IS STATE LAND, is in accordance with the process of compulsory acquisition of property by the GOVERNMENT OF SIERRA LEONE, as provided for under Section 21 of the CONSTITUTION OF SIERRA LEONE 1991?

3. Whether the acquisition aforesaid, be it purported or not and the taking of Possession of all that property aforesaid, is in compliance with Section 21

of the CONSTITUTION OF SIERRA LEONE 1991 and or in compliance with the PUBLIC LANDS ACT CHAPTER 116 OF THE LAWS OF SIERRA LEONE 1960 as amended?

4. Whether the actions of the 1* and the 2” Defendants/Respondents amounts to depriving the Plaintift/Applicant of the use and enjoyment of his property, the piece or parcel of land and hereditaments aforesaid?

* | The Plaintiff/Applicant pray that, in the event that the answers to questions, 1, 2 + | and 3 are in the negative and the answer to question 4 is in the affirmative, this Court makes the following Declarations and Orders the following reliefs: ‘

1. A Declaration that the 1* and the 2 Defendants/Refpérei6Mti ) 7 Violated the rights of MOHAMED KAMEL WANZA, the PigintftBbat herein, contained in Section 21 of the CONSTITUTION OF SIERRA

aes,

‘ LEONE, 1991 in that, DR DENNIS M. SANDY, THE MINISTER OF : LANDS, HOUSING AND COUNTRY PLANNING, THE DIRECTOR OF SUEVEYS AND LANDS in the MINISTRY OF LANDS, HOUSING AND

COUNTRY PLANNING and the ATTORNEY GENERAL AND MINISTER

é OF JUSTICE, the Defendants/Respondents herein have forcibly and forcefully and without lawful excuse or authority laid hold of and uniawtully

seized and laid claim to all that piece of parcel of land situate, lying and

being at Peninsula Road, Sussex in the Western Area of Sierra Leone,

the same whereof is owned legally and beneficially by the said Plaintiff/Applicant, the person entitled to possession of the same and who

has been the person possessed of and otherwise well and sufficiently

entitled to possession of the same for upwards of Thirty (30) years last

past at least,

2. A Declaration that the said acts and actions and the several written and oral declarations of the 1% and 2" Defendants/Respondents are tantamount to a violent wrongful and unlawful deprivation of the property rights of the said Plaintitf/Applicant contrary to the provisions of Section 21 of the CONSTITUTION OF SIERRA LEONE 1991 and that the said acts and Declarations of the 1 and 2! Defendants/Respondents are not sanctioned or authorised by the said Constitution nor by the PUBLIC LANDS ACT CHAPTER 16 of the LAWS OF SIERRA LEONE 1960 as. amended, nor by any other law or nor by custom or nor by convention.

3. A Declaration that the acts of violence, the use of force perpetrated and utilised by the 1* and the 2"! Defendants/Respondents with the aid and assistance of armed personnel at the Plaintiff/Applicant's piece or parcel of land aforesaid in the full view of onlookers, amounts to a breach of the peace in terms of the PUBLIC ORDER ACT 1965 as amended, the state of Emergency which now exists in Sierra Leone and a violent contravention of the oath taken by the said 1 and 2% Defendant/Respondent on the occasion of his being sworn in as a Minister with Cabinet rank by His Excellency, the President of Sierra Leone, which z cath is contained in the Third Schedule to the CONSTITUTION aforesaid specifically, the portion where he swore “.... | will support, uphold and . maintain the CONSTITUTION OF SIERRA LEONE as by law established, so help me God’ JE . ‘SIGN, q +

4. ADeclaration that the 1* Defendant/Respondent has grdeely Gantsavene: the provisions of Section 62 of the CONSTITUTION OF cece)

—Zis-

e 1991, in that contrary to the provisions of that Section, he has himself together with others authorised by him, embarked unlawfully on an enterprise which is outside the remit of his Office, namely proceeding with armed personnel in a piece or parcel of land owed by a private individual, - namely the Plaintiff/Applicant herein, to forcibly seize and take control of the said piece or parcel of land without lawful authority thereby unlawfully wrestling away the powers conferred on the Permanent Secretary, in the Ministry of Lands to Supervise the daily and physical activities of the said Ministry.

5. A Declaration that the unlawful actions and declarations of the 1% Defendant/Respondent in relation to the Plaintiff/Applicant’s ownership of the piece or parcel of land aforesaid are against public policy, in that such actions will encourage the ordinary voting public to believe that, it is permissible conduct for an individual without the ‘support of the law or an order of the Cour, to violently take possession of another person's land.

6. A Declaration that the 1% Defendant/Respondent’s conduct, actions, words and declarations during his violent attacks on the said property of the Plaintif/Applicant are not sanctioned nor authorised by any law in force in Sierra Leone. And that if such actions are not stopped, they may result in eternal conflicts between law abiding and law-breaking citizens of this peaceful country,

7. A Declaration that the action of the Defendants/Respondents is unconstitutional and amounts to the deprivation of the right to property of the Plaintif/Applicant and in contravention of Section 21 of the CONSTITUTION OF SIERRA LEONE 1991 and its related processes.

8. A Declaration that the Plaintiff/Applicant's piece of parcel of land, situate, lying and being at Peninsula Road, Sussex measuring about 9.3019 acres in area is private land belonging to him and based on Deed of Conveyance made between GHAZI R. FAIAD and MOHAMED KAMEL WANZA dated

« 15" November 1990 and registered as No. 1602/90 at page 49 in Volume ‘ 444 of the Books of Conveyances kept in the office of the Registrar General at Walpole Street Freetown and Judgements of both the High Court of Sierra Leone, delivered on the 23" March 1994 and the 26" April , 2016 and the Court of Appeal of Sierra Leone “pO . October 1999. Cama . Ht

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