Sorrow Dixon & Another v Sonny Williams (CIV APP 28 of 2016) [2020] SLCA 35 (12 February 2020)

¥ — b6salg Pees CIV.APP. 28/2016 ‘IN THE COURT OF APPEAL OF SIERRA LEONE (GLAND & PROPERTY DIVISION) BETWEEN: ‘SORROW DIXON - APPELLANTS JOHN DIXON Se ROBERTS STREET FREETOWN ano sonny WILLIAMS = RESPONDENT Saministrator ofthe Estate of SOnIN WILLTANS ~ Deceased Intestate) Stewis STREET FREETOWN

Coram

MF DEEN-TARAWALLY , 3SC A.B.T. HALLOWAY, JSC KONA KAMANDA, JA REPRESENTATIVES: ALHAJI KAMARA ESQ, COUNSEL FOR THE APPELLANTS BE.T. CUMMINGS (MS) COUNSEL FOR THE RESPONDENTS: Pr suocement etivereo Tats !2.""bavor FES 2m.

—bb- ‘ee JUDGEMENT 6 " ‘The matter before this court is a Civil appeal from a decision of the High Court delivered A by Her Ladyship Honourable Mrs. Justice M.0. Kamara, Justice of the High Court dated 6 day of May, 2016 and now Justice of the Court of Appeal. ‘The backeround to this matter is that SONNY WILLIAMS ~ Plaintiff now Respondent in > this matter, as administrator of the Estate of JOHN WILLIAMS (Deceased) Intestate took out a civil suit against the Defendants/Appellant SORROW DIXON and JOHN DIXON in respect of property situate at No. 46 Robert Street, Freetown, SORROW DIXON and JOHN DIXON are the current occupants of the said premises. The said action was for

1. A declaration that the property known as 46 Robert Street, Freetown is part of the Estate of JOHN WILLIAMS (deceased) Intestate.

2. A declaration that the Plaintif/Respondent is the lawful Administrator of the Estate of JOHN WILLIAMS

3. Immediate possession of premises situate and known as 46 Robert Street, Freetown. 4, Costs. ‘The said writ was filed on behalf of the Plaintiff/Respondent by his solicitors MONORMA, FYNN & CO of Harmony chambers, 24 Ecowas Street, Freetown, The Defendants/Appellants Sorrow Dixon and John Dixon entered an Appearance through their solicitors BREWAH & CO of No.2 Siaka Stevens Street, Freetown on the 21% day of January, 2009. The said solicitors of the Defendants/Appellants filed in defence to the action, denying each and every allegation contained in all the paragraphs 1-6 of the particulars of claim. ‘According to the evidence before the High Court. The disputed property as undisputedly owned by one JOHN WILLIAMS (Deceased) Intestate by virtue of Conveyance dated the 18" day of June, 1952 and registered at page 408, Vol.170 of the Books of Conveyances kept in the office of the Registrar-General in Freetown. In 1958 according to the evidence JOHN WILLIAMS devised this property to his male issue DANIEL CYPHUS WILLIAMS by Will dated 27” March, 1958. In an action intituled: €C.521/58 cancelled and expunged the said Will and testament by a lawful Court

Order

The said action was instituted by the same JOHN WILLIAMS DANIEL CYPHUS WILLIAMS then died subsequently thereafter. According to the Plaintiff/Respondent SONNLY WILLIAMS, his father was Charlie Williams son the John + Williams (deceased) Intestate, who was his grandfather. According to him Charlie Williams died on the 6" of November, 1994 whilst residing on the disputed property with his wife tars, Elizabeth Porter (nee Williams).

— bt | ‘In 1993 when his father Charlie Willams was ill, he had to ask one Mrs. Zorju Tomah Dixon and her son Rev. Nathaniel Dixon (father of 2° Defendant) to take care of the <> property and take instructions from his Aunt Mrs. Elizabeth Porter (nee Williams). On i the 2” day of July, 2004, he was then granted Letters of Administration by the High Court of Sierra Leone to administer the Estate of his late grandfather John Williams. During the proceeding as proof of his relationship to owner of the property he tendered = “in evidence a copy of the Birth Certiicate of his deceased father Charlie willams (delayed Birth Certificate) dated 1* day of September, 2010, the death certificate of Charlie Williams dated 21° May, 2004, the death certificate of John Wiliams dated 25" May, 2004, his own (Sonny Wiliams) birth certificate dated 2° August, 2001. The marriage certificate of his deceased grandfather John Williams and wife Beatrice Williams (nee Johnson). ‘The Defendants/Respondents Sorrow Dixon and John Dixon of No.46 Roberts Street, Freetown, are now the present occupants of the disputed property at No. 46 Robert Street, Freetown. ‘They are claiming through the Rev. Nathaniel Dixon (deceased) as their husband and father respectively. According to their account and evidence, John Williams was the fee simple owner of the disputed property. He died intestate in 1958 bequeathing the disputed property, by a will and testamentary disposition to his son Daniel Cyphus Williams. In the same year 1958 he revoked the said will and testamentary disposition of the said property made to his son Daniel Cyprus Williams. According to the account and evidence of 2 Defendant/Respondent John Dixon, Daniel Cyprus Williams handed over the disputed property to his father in 1958 to be care of the property. His father was the Reverend Nathaniel Dixon (deceased). Daniel Cyprus Williams then subsequently thereafter left for Liberia where he lived for most of his life. The said Daniel then returned to Sierra Leone at the outbreak of the civil war in 1990. On the 26" of March, 1990 Danie! Cyphus died at Gondama Refugee camp in the same year 1990. On 18" of June, 2008 his father Nathaniel Dixon died whilst residing on the said property at No.47 Robert Street, Freetown. They then with some other family members ‘continued to reside on the said property on to the time of litigation before the High court in Freetown. “The matter then came before the High Court for hearing by Hon. M.D. Kamara 3 (as she then was). Two witness testified in favour of the Plaintiff/Respondent case. They were Plaintiff himself Sonny Williams as administrator of the Estate of John Williams (deceased) Intestate of NO. 4 Lewis Street, Freetown and one Ekundayo Pratt a formal witness from the Administrator and Registrar-General's Department. The said Department deals with the Registration of instruments to land and Probate in Sierra * Leone. The 2" Defendants/Appellants John Dixon was the only witness called for the Defendants/Appellants. Both sides testified and tendered several exhibits. Counsels at the end of the hearing then addressed th: court to substantiate their respective ¢!sims to the disputed property. Hon. Mrs. Jutice M.D. Kamara, J (as then was) on the 25"

day of April, 2016 delivered judgment in favour of Sonny Williams the plaintiff/Respondent in this matter.

Now aggrieved by the decision of M.D, Kamara, J (as then was) the Defendants/Appellants on the 6" day of May 2016 appealed the decision of the High to the Court of Appeal. (GROUNDS OF APPEAL: i. That the Learned trial Judge acted on the wrong principles of law in arriving at a

Decision

PARTICULARS OF ERROR: “Having established that JOHN WILLIAMS died Intestate leaving property situate at No. 46 Robert Street, Freetown his Will invariably form part of his estate. And Sonny Williams having established his pedigree that on the balance of probability there exist a nexus between his parenthood (his father to be precise) to JOHN WILIAMS and his wife BEATRICE JOHNSON though the documents were delayed certificates — they were uncontested ii, The learned trial Judge failed to consider adequately or at all the position of the law, when she failed to give weight to the fact that the Plaintiff could not establish his father’s inability to take out letters of administration when arriving at her decision. PARTICULARS OF ERROR: “He also exhibited delayed birth certificate of his father and himself including a delayed death certificate of his grandfather. Thus apart from a ‘general denial that he is not the grandson of John Williams much was not said in that regard. No issue was raised with regard whether his father was the son of the late John Williams, rather his father’s inability to have taken out letters of administration was raised. ili, The learned trial Judge misdirected herself by arriving at a decision based on delayed birth certificate. iv. The said judgment is against the weight of evidence. RELIEF SOUGHT:

1. The judgment of Hon. M.D. Kamara, J (as then was) dated the 25" April, 2016 be set aside

2. That the matter be retried by the High Court. +

3. Any further order as this Honourable Court may deem fit and just in the circumstances.

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