Courts and procedure

Sierra Leone — Court of Appeal · 1931

Principle established: An agreement between a solicitor and client for a percentage of litigation proceeds is champertous and illegal, and an appellate court will take notice of such illegality even if unpleaded.

Sierra Leone — African Law Reports · 1920-36

Principle established: An agreement whereby a solicitor takes a percentage of litigation proceeds is champertous and illegal, and an appellate court will take notice of such illegality even if not pleaded below.

Sierra Leone — Court of Appeal · 1961

Principle established: An appellate court has no statutory power to increase a sentence when the appellant has not appealed against sentence.

Sierra Leone — Court of Appeal · 2016

Principle established: A party refused leave to appeal by the High Court may apply directly to the Court of Appeal for leave to appeal against an interlocutory ruling.

Sierra Leone — Supreme Court · 2015

Principle established: The Supreme Court hears cross-appeals from the Court of Appeal to determine the correctness of orders made in employment-related disputes.

Sierra Leone — Court of Appeal · 2015

Principle established: A High Court judge may err in law by ordering the transfer of a matter pending in a District Appeals Court to the High Court without proper statutory authority.

Sierra Leone — Court of Appeal · 2015

Principle established: The misapplication of statutory provisions regarding the transfer of cases between different levels of the court system constitutes a ground for setting aside a judicial order.

Sierra Leone — African Law Reports · 1920-36

Principle established: A protectorate is not part of British dominions for the purpose of rule service provisions, requiring notice of a writ rather than the writ itself to be served.

Sierra Leone — Court of Appeal · 2024

Principle established: Applications for enlargement of time must generally be made in the High Court first; the Court of Appeal lacks jurisdiction to hear such applications unless they were first refused below.

Ghana · 2024

Principle established: A judgment entered in default proceedings may be vacated on grounds of fraud, balancing the finality of litigation against the need to prevent the misuse of the court system.

Ghana · 2026

Principle established: A review application must disclose exceptional circumstances resulting in a miscarriage of justice and cannot be used as a mere re-argument of the original appeal.

Ghana · 2026

Principle established: A review application must disclose exceptional circumstances resulting in a miscarriage of justice and cannot be used as a mere re-argument of the original appeal.

Sierra Leone — Supreme Court · 1973

Principle established: An Administrator-General appearing in an official capacity cannot be made personally liable for costs due to an irregularity in appointment, and an error of law justifies an appellate court reversing a costs order.

Sierra Leone — Court of Appeal · 1972

Principle established: Leave to appeal against an order for costs may be granted where an issue of public importance arises, such as where a public officer is personally ordered to pay costs.

Sierra Leone — African Law Reports · 1972-73

Principle established: Leave to appeal against an order for costs may be granted when a question of public importance is involved, such as where a public officer is ordered personally to pay costs.

Sierra Leone — African Law Reports · 1972-73

Principle established: An error of law affecting costs justifies an appellate court in setting aside a costs order, and an Administrator-General acting officially cannot be made personally liable due to an appointment irregularity.

Sierra Leone — African Law Reports · 1972-73

Principle established: A landlord's acceptance of rent with knowledge of a breach of covenant constitutes a waiver of the breach, regardless of whether waiver was intended.

Sierra Leone — Supreme Court · 1973

Principle established: A landlord's or authorized agent's acceptance of accrued rent with knowledge of a tenant's breach constitutes a waiver of that breach, irrespective of whether waiver was actually intended.

Sierra Leone — Court of Appeal · 2024

Principle established: Whether a decision striking out a writ for lack of jurisdiction is interlocutory or final determines the procedure for seeking leave to appeal.

Sierra Leone — Court of Appeal · 2024

Principle established: A court may grant leave to appeal against a decision striking out consolidated writs if it determines the decision was interlocutory rather than final.

Sierra Leone — Court of Appeal · 2018

Principle established: Summary judgment should not be granted where there are triable issues of fact, such as whether a third party interfered with luggage under international aviation conventions.

Sierra Leone — Supreme Court · 1961

Principle established: A magistrate acts correctly in law by discharging an accused rather than acquitting and discharging him when criminal proceedings are terminated without a final determination on the merits.

Sierra Leone — Supreme Court · 1961

Principle established: A magistrate acts correctly in point of law by ordering a discharge rather than an acquittal where the disposition does not bar the prosecution from reinstituting charges.

Sierra Leone — Court of Appeal · 1923

Principle established: The constitution of an appellate court depends on proper statutory appointments and warrants validly conferring judicial authority for the duration of its sittings.

Sierra Leone — Court of Appeal · 1923

Principle established: An application for conditional leave to appeal must be brought within the strict time limits prescribed by the rules, measured from the date of the decision.

Lanbuk on the Law of Torts · 1865

Principle established: Justification succeeded where the statement was true in substance, though inaccurate in a detail (the length of a prison term).

Sierra Leone — Court of Appeal · 1924

Principle established: An application for leave to appeal to the Privy Council requires clear and admissible evidence that the matter in dispute satisfies the requisite monetary value threshold.

Sierra Leone — Court of Appeal · 1951

Principle established: In malicious prosecution, the plaintiff bears the burden of proving absence of reasonable and probable cause, and malice is necessarily inferred when the prosecutor knowingly suborns perjured evidence.

Sierra Leone — African Law Reports · 1950-56

Principle established: In malicious prosecution, the plaintiff bears the burden of proving absence of reasonable and probable cause, and malice is necessarily inferred when the prosecutor knowingly suborns perjured evidence.

Sierra Leone — Supreme Court · 1984

Principle established: The Supreme Court will refuse an application for special leave to appeal where the applicant fails to demonstrate that it is a proper case for the court to exercise its discretion.

Sierra Leone — Court of Appeal · 2021

Principle established: Summary judgment should not be granted where the defendant's affidavit raises triable issues of fact or law that warrant a full trial on the merits.

Sierra Leone — Court of Appeal · 2021

Principle established: Summary judgment should not be granted where the defendant's affidavit raises triable issues of fact or law that warrant a full trial on the merits.

Sierra Leone — Supreme Court · 2012

Principle established: A party may seek leave to amend court papers to correctly reflect their status as an appellant rather than an interested party.

Malawi · 2024

Principle established: A court may refuse or discharge an injunction where the claimant has failed to disclose material facts or has misled the court regarding related pending criminal proceedings.

Sierra Leone — Supreme Court · 1999

Principle established: Section 133(1) of the 1991 Constitution abolished the procedural requirement for obtaining a fiat or petition of right to commence legal proceedings against the Government of Sierra Leone.

Sierra Leone — Court of Appeal · 1950

Principle established: On appeal, a new trial will not be ordered unless some substantial wrong or miscarriage of justice has been occasioned at the first trial.

Sierra Leone — African Law Reports · 1950-56

Principle established: An appellate court will not disturb or set aside concurrent findings of fact made by two courts below.

Sierra Leone — African Law Reports · 1950-56

Principle established: The rule requiring criminal prosecution of a felony prior to maintaining a civil action for the same wrong does not apply where the civil defendant is an innocent third party.

Lanbuk on the Law of Torts · 1972

Principle established: Where words can carry meanings beyond the dictionary sense, the claimant must set them out in the pleadings.

Sierra Leone — Supreme Court · 1963

Principle established: A magistrate must consider the whole of the evidence before refusing to commit an accused for trial, and any person aggrieved may appeal questions of law.