Sierra Leone Lawn Tennis Association & 3 Others v Andy Bam (MISC APP 2 of 2023) [2024] SLSC 2 (27 May 2024)

: 1 / ; ma) a MISC. APP. 2/2023 I gl ¥ iV) IN THE MATTER Lis iN OF SECTION 125 OF THE CONSTITUTION OF SIERRA LEONE 1991 IN THE MATTER OF THE SUPREME COURT RULES 1982 AND IN THE MATTER OF ORDER 52 OF THE HIGH COUT RULES 2007 AND IN THE MATTER OF AN APPLICATION FOR JUDICIAL REVIEW FOR AN ORDER OF CERTIORARI TO MOVE THE SUPREME COURT, THE JUDGEMENT OF THE HIGH COURT DATED 16™ JUNE 2023 IN THE MATTER INTITULED MISC. APP. 49/2023 BETWEEN ANDY BAM AND SIERRA LEONE LAWN TENNIS ASSOCIATION AND OTHERS BE QUASHED BETWEEN : THE SIERRA LEONE LAWN TENNIS ASSOCIATION —- 157 APPLICANT KEVIN KELLIE - 28° APPLICANT NATIONAL EXECUTIVES OF THE SIERRA LEONE LAWN TENNIS ASSOCIATION - 38° APPLICANT THE NATIONAL SPORTS AUTHORITY - 47 APPLICANT AND ANDY BAM - RESPONDENT CORAM of HON. MR. JUSTICE ALLAN B. HALLOWAY JSC HON. MR. JUSTICE ALUSINE S. SESAY Jsc HON. MR. JUSTICE MANGAY F. DEEN TARAWALLY JSC COUNSEL J.J. CAMPBELL ESQ. for the Applicants L.M. BARYOH ESQ. for the Respondent Fen

Ruling

Delivered this _day of _2024 The application herein, made by way of an Originating Notice of Motion dated the 24” July 2023, for and on behalf of the SIERRA LEONE LAWN TENNIS ASSOCIATION, KEVIN KELLIE, the NATIONAL EXECUTIVES OF THE SIERRA LEONE LAWN TENNIS ASSOCIATION and the NATIONAL SPORTS AUTHORITY, the Applicants herein, seek by way of Judicial Review, the following orders:

1. An order of Certiorari to quash the Decision of the High Court dated 16"

‘sure 2023, presided over by the HON. MR. JUSTICE ALHAJI MOMO- JAH STEVENS JCA on the following grounds:

i) Thatthe Learned Judge was wrong in law to have heard and adjudged the case before him on the basis of an Originating Summons, as the matters pleaded therein were not those which could be disposed of ‘without hearing evidence, since there were substantial disputes as to the facts of the case, which could only be determined by hearing evidence at the Trial or alternatively on the grounds that the procedure followed by the High Court was not one authorised by law or by rules of Court.

ii) That the Learned Judge exceeded his jurisdiction in that he purported to exercise powers conferred on this Court alone, purporting to interpret the CONSTITUTION OF SIERRA LEONE 1991, a matter exclusively reserved for determination by this Court or alternatively on the grounds that the Learned Judge was wrong in law to have equated the said CONSTITUTION OF SIERRA LEONE with the CONSTITUTION of a Private Institution such as the SIERRA LEONE LgWN TENNIS ASSOCIATION, the 1* Applicant herein, thereby purporting to interpret the CONSTITUTION OF SIERRA LEONE 1991, a matter within the exclusive preserve of this Court

2. An order of Prohibition against the Respondent herein, restraining him

from interfering or intermeddling with the affairs and business of the SIERRA LEONE LAWN TENNIS ASSOCIATION, the 1* Applicant herein 3, Any further or other order(s) as this Court may deem fit and just 4, Costs of the application herein to be borne by the Respondent an

In support of the application aforesaid, is the affidavit of KEVIN KELLIE, sworn to on the 24" July 2023, the same to which several exhibits are annexed including, Exhibit ‘KK 1”, being the Originating Summons dated 6" March 2023 instituting the action for which the Judgement sought to be quashed herein was given and Exhibit ‘KK 7’, being the Judgement delivered by the HON. MR. JUSTICE ALHAJI MOMO-JAH STEVENS JCA on the 16" June 2023, sought to be quashed herein, In opposition to the said application is the affidavit of ANDY BAM sworn to on the 16" August 2023 and the 9" October 2023 respectively. ‘The Applicants herein seek to have this Court invoke its supervisory Jurisdiction over all other Courts in Sierra Leone, pursuant to Section 125 of the CONSTITUTION OF SIERRA LEONE 1991 which provides thus: ‘The Supreme Court shall have supervisory jurisdiction over all other Courts in Sierra Leone and over any adjudicating authority: and in the exercise of its supervisory jurisdiction shall have power to issue such directions, orders or writs including writs of habeas corpus, orders of Certiorari, Mandamus and Prohibition as it may consider appropriate for the purpose of enforcing or securing the enforcement of its supervisory powers’. Principally, the application herein is for an order of Certiorari to quash the Decision of the High Court dated 16" June 2023 presided over by the HON. MR. JUSTICE ALHAJI MOMO-JAH STEVENS JCA, the said Decisiof marked Exhibit ‘KK 7’, annexed to the affidavit of KEVIN KELLIE cep on the 24” July 2023. On the 16" June 2023, the HON. MR. JUSTICE ALHAJI MOMO- JAH STEVENS JCA, adjudged and ordered, inter alia as follows: i) That the 2020 CONSTITUTION OF THE SIERRA LEONE LAWN TENNIS ASSOCIATION which came into effect on the 1* February 2020 be DECLARED NULL and VOID and shall cease to be in effect. ii) That the 2009 CONSTITUTION OF THE SIERRA LEONE LAWN TENNIS ASSOCIATION be hereby restored and shall be the wi

to the affidavit of KEVIN KELLIE aforesaid, seeks an answer to the question whether the methods and procedures used and/or implemented by the 1%, the 24 and the 3° Applicants herein at the General Meeting of the SIERRA LEONE LAWN TENNIS ASSOCIATION to amend and adopt a New Constitution was lawful and procedurally accurate in accordance with its 2009 CONSTITUTION. Certainly, this solely or principally entail the construction of the 2009 CONSTITUTION OF THE SIERRA LEONE LAWN TENNIS ASSOCIATION, the said CONSTITUTION which would qualify as some other document other than an Enactment or a Deed, Will or Contract. Contrary to the assertions of the Applicants, that the matters pleaded therein, were not those which could be disposed of without hearing evidence, since there were substantial disputes as to the facts of the case, which could only be determined by hearing evidence at a Trial, the Applicants herein, proceeded to enter an appearance to the Originating Summons aforesaid and indeed filed an affidavit in opposition disputing the claims of the Respondent herein, there being no indication from the said facts that there were substantial disputes which could only be determined by hearing evidence at a Trial. Certainly, if there were substantial disputes as to the facts that could only have been determined by hearing evidence, the Applicants ought to have raised this issue at that very stage, father than file an affidavit in opposition as they did. In addition to the fact that these proceedings solely and principally entail the construction of the 2009 CONSTITUTION OF THE SIERRA LEONE LAWN TENNIS ASSOCIATION and therefore qualify such proceedings to be begun by Originating Summons, there is nothing in these proceedings to suggest that the Respondent intended to apply for Judgement under Order 16 of the HIGH COURT RULES 2007 and the said proceedings are not an action for Specific Performance. In so far as the Application for an order of Certiorari on the grounds that the procedure foilowed by the High Court was not authorised by law or bffrules of Court, is concerned, this Court holds the view that the Applicantgpave not only failed to indicate which procedures followed by the High CBurt was not authorised by law or by rules of Court, it fails to see what procedures followed by the High Court were not authorised by law or by rules of Court. Clearly, an Originating Summons was taken out, for and on behalf of the Respondent herein, served on the Applicants who entered an appearance and filed an affidavit in opposition. Both the Respondent herein and the Applicants herein agreed to make their submissions on their respective cases in writing, the same which they did and submitted to the Judge who proceeded to give Judgement, presumably on the basis of what was submitted to him. Surely, if there were any pro¢edure amiss, the Applicants ought to have raised same before Judgement

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