Rokel Resources (SL) Ltd v Bittanol International Trading Company And Associates (SC CIV APP 4 of 1988) [2005] SLSC 12 (31 May 2005)

\ : {aS ‘ iN THE SUPREME COURTS OF SIERRA LEONE * Coram: ‘The Hon.Mr.Justice SMF. Kutubu c. ‘The Hon Mr.Justice S Beccles Davies Isc ‘The Hon Mr.Justice S.C.E, Warne asc The Hon.Mr.Justice M.O.Adophy qa ‘The Hon Mrs.Justice V.A.D. Wright JA + SC.CIV.APP.No.4/88. ROKEL RESOURCES (S.L)Ltd. = - APPELLANTS vs. BITTANOL INTERNATIONAL TRADING COMPANY AND ASSOCIATES = RESPONDENTS J.B. Jenkins-Johnston Esq, for the Appellants Berthan Macaulay Jr. Esq for Respondent JUDGMENT DELIVERED THIS 3 \__DAY. orb, pitt Dera s- Warne, J.8.C.:- This is an appeal against the Judgment of the Court of Appeal delivered oon the 2% day of June, 1988. It was a majority judgment in a Court made up of Navo. ‘Thompson-Davis and Gelaga King JJA., Thompson-Davis JA. dissenting. Gelagu King 4JA gave the principal judgment supported by Navo JA. ‘There are ten grounds of appeal namely: 1. ‘That Court of Appeal was not duly or properly constituted on the 2" June, 1988 when the Judgment was delivered contrary to the express provisions of section 107(2) of the Constitution of Sierra Leone No.12 of 1978. in that only two

(2) Justices of Appeal were present and read judgments ( 2, That the Respondents herein having filed their Notice and grounds of

4 a Appeal on the 3" of April, 1987, the Court of Appeal erred in Law and acted contrary to the letter and spirit of the express provisions of Rules 9 and 11 of Court of Appeal Rules Public Notice No.29 of

(@) by allowing the Respondents to abandon six (6) out of seven (7) grounds of appeal and substituting in thei place two (2) completely fresh grounds of ‘appeal not hitherto included in the original Notice of Appeal some ten (10) months after the date of the decision appealed against, which was tantamount to bringing a fresh appeal months out of time; and (©) by entertaining arguments from Counsel on those ‘grounds of appeal, and © _ by basing the substance of their decision on those rounds of appeal. 3. ‘That when the Leamed Justice of Appeal said and so held without more that: “The craton Coen Sc ctcive and only Lessor and only they can grant a lease to a non-native, as long as the District Officer endorses his consent thereon, and the relevant provisions of the Act are complied with the Sea perfectly valid”, the 3 Learned Justices of Appeal erred in law in that they failed to apply

“| ie | section 761) ofthe Courts Act No.31 of 1965(USSEFor to observe section 125(4) of the Constitution Act No.12 of 1978. | 4 That ‘srriving at their conclusion that since the lease was by Deed , it is trite in law to say that no extrinsic evidence ofthe intention of the | party to the Deed, from his DeclaratofP whether at the time of executing it, or before or after that time is admissible in theirabsence of fraud” and “Agreement EX"A” and the plans put in evident orthemstes, and + admit no extrinsic evidence for their construction” YAhe Learned Piesiding Justices misdirected themselves on the Jaw of the exclusion of extrinsic evidence to contradict, vary | or add to documents by filing to have regard to the facts of the case to the equitable and other legal exceptions tothe above rule.

5. That in hee So ot EG. ofthe Laws of Sire Leone, the Learned Justices of Appeal did not construe section 1 thereof properly or tall, and in the event gave the statute an application which is based wholly on English jurispundence on the Laws of trusts and infringes the applicable customary law. 6. ‘That in all the circumstances, to hold “Bitco” had a better right of possession and” -ABamase WB a better tile, because their lease was prior in time to Rokef”instrument and that Bitco had, and Z fill has a Legal estate in the land prior in time to that created by Rokel*is an error in law in that it pre-supposes and wrongly so that ap. rove for eitration nt merely of instruments but of tile

Go! in

7. That the award of damages of Le6,73%000.00 was wrong in Law since there was no sufficient basis to found such a claim

8. That when the Leamed Presiding Justices said with reference < to“Ex.T” “undoubtedly” the judge did so in error” as the document clearly contravened or did not comply with Section 3 of the Evidence Documentary Act Cap.26 he erred in law in ‘ejecting the said document in that he ignored or failed to observe the provisions of section 3(2) of the Act Cap.26 or that the said “Ex.T” was addressed to the Director of Mines ‘whose representative in court was called upon to produce the same,

9. ‘That the Learned Justice of Appeal having correctly stated the Law of trespass then proceeded to mis-apply the same to the facts of the instant case, to contradict themselves and to ignore settled decisions of higher courts binding on them contrary to the Principle of Stare Decisis, thereby arriving at an erroneous conclusion

onthe issue of trespass,

10, That the Leamed Justices of Appeal having held that, “............ Be that as it may I do not in any case attach much weight to the ‘map/plan in Bitco’s lease since I would have some difficulty in identifying the land from it alone” ERRED IN LAW, and decided

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