Rev. John v Lugbu & Ors (SC MISC APP 4 of 2000) [2000] SLSC 4 (24 October 2000)
Rev. John v Lugbu & Ors is a miscellaneous application from Sierra Leone on 24 October 2000. Cite it as [2000] SLSC 4. Search it by the party names, the citation [2000] SLSC 4, or Sierra Leone miscellaneous application.
October 24, 2000
IN THE SUPREME COURT
Rev. John
Appellant
v.
Lugbu & Ors
Respondent
SC MISC APP 4 of 2000
[2000] SLSC 4
Proceeding. Miscellaneous application. Sierra Leone.
7 S32 a IN THE SUPREME COURT OF SIERRA LEONE TUESDAY 247 OCTOBER 2000 7
Coram
Hon. Mr. Justice D.E. F. Luke, - CJ. Hon. Mr. Justice A.B. Timbo - JSC “a Hon. Mr. Justice H.M. Joko-Smart - JSC Hon. Mr. Justice S.C.E. Warne - JSC Hon. Mr. Justice V.A.D. Wright - JA. SC.MISC.APP.4/2000 REV. DANIEL ADEMU JOHN : (ATTORNEY FOR REV. ARCHIBALD GBAMBALD JOHN) (EXECUTOR OF THE ESTATE OF REV. CUSTAVUS ADEMU JOHN) AND ABU BLACK LUGBU ALIE FOFANAH -
Lamin Dainkeh
R. A. Ceaser Esquire for the APPLICANT A.F. Serry-Kamal Esquire FOR THE RESPONDENTS Mr, R.A. Ceasar This is an application by way of Misc. App. 4/2000 dated 16" June 2000 in which the « applicant is asking the Court that the Ruling of this Honourable Court delivered by three Justices on 22” September 1999 granting a of the judgment of the Court of Appeal dated 17" June 1993 be varied discharged or reversed by the full Court
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pursuant to section 126 (b) of the Constitution of Sierra Leone (Act No. 6 of 1991 on the following grounds:
(1) That the said Ruling if not varied discharged or reversed will defeat the ends of Justice in that there is no appeal pending in the Supreme Court.
(2) That the orders contained in the said Ruling have not been complied with by the “+ Respondents.
(3) That the said order presently existing is a bar preventing the applicant from enforcing the Judgment of the Court of Appeal dated 17" June 1993 in his favour. Applicant will rely on the of Rev. Danie] Ademu John and Roland Ade Ceasar both sworn to on the 16" June 2000 together with the exhibits annexed thereto and filed herewith. : The Exhibits are as follows: Exh. A is a photocopy of his Power of Attorney executed by Rev. Archibald Gbambala John. Exhibit B is the , C — Judgment of the Court of Appeal to the Supreme Court, E - records of the Supreme Court dated 21" September 1999 and E - ruling dated 22" September 1999. The purpose of the Application is not to complain of an irregularity but because section « 126(b) of the Constitution is the only way we can come to this Court to vary reverse or discharge its order. Mr. Serry-kamal does not really objects except that the affidavit of the deponent should not have been in his name. ; Court: Application granted. Order of 22"¢ September * 1999 is discharged. No order as to costs. Hon. Mr. Justice D.E.F. Luke : Chief Justice.
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