Government and public office

Sierra Leone — Court of Appeal · 1961

Principle established: The court has jurisdiction to review an acting Governor's statutory recognition powers, and statutory power to recognise 'any person' as tribal headman is limited to persons belonging to that specific tribe.

Sierra Leone — Court of Appeal · 1961

Principle established: The court has jurisdiction to determine whether the Governor acted within statutory powers, and statutory authority to recognise a tribal headman extends only to members of that specific tribe.

Sierra Leone — Court of Appeal · 2023

Principle established: Commissions of Inquiry established under the Constitution have the mandate to examine the assets of former public officials to determine if they were acquired lawfully.

Sierra Leone — Supreme Court · 1973

Principle established: An applicant seeking letters of administration under the Mohammedan Marriage Act must prove he is the deceased's eldest brother, and the Administrator-General acting bona fide is entitled to costs out of the estate.

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 — Court of Appeal · 2015

Principle established: A judicial officer may be charged with misappropriation of public funds under the Anti-Corruption Act for actions taken in their official capacity.

Sierra Leone — Supreme Court · 2015

Principle established: The Supreme Court has original jurisdiction to interpret the Constitution regarding the removal and replacement of the Vice-President and the extent of executive power in such matters.

Sierra Leone — Supreme Court · 2015

Principle established: The Supreme Court determines constitutional questions concerning the vacancy of the office of Vice-President and the legality of subsequent appointments by the President.

Sierra Leone — Supreme Court · 2015

Principle established: The Supreme Court's original jurisdiction is invoked to clarify the constitutional provisions governing the office of the Vice-President and the limits of presidential authority.

Sierra Leone — Supreme Court · 2015

Principle established: Constitutional interpretation by the Supreme Court is required to resolve disputes over the tenure of high-ranking executive officers and the procedural requirements for their removal.

Sierra Leone — Supreme Court · 2015

Principle established: The Supreme Court provides definitive rulings on the interpretation of sections 124 and 127 of the Constitution in matters of national importance involving the executive branch.

Sierra Leone — Supreme Court · 2014

Principle established: The Supreme Court's original jurisdiction is invoked to determine if a political party's internal organization complies with democratic principles mandated by the Constitution.

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 — Supreme Court · 2015

Principle established: The Supreme Court has original jurisdiction to determine whether the internal organization and programs of a political party conform to the democratic principles prescribed by the Constitution.

Kenya · 2025

Principle established: The Chief Justice, as head of the Judiciary, has the authority to issue administrative circulars regarding the waiver or exemption of court fees for State organs and agencies.

Sierra Leone — Supreme Court · 1962

Principle established: Electoral returning officers exceed their jurisdiction by inquiring into the validity of a nominator's consent, and a nominator has no legal power to withdraw an already submitted nomination.

Sierra Leone — Supreme Court · 1962

Principle established: Returning officers lack jurisdiction to investigate the circumstances of a nominator's consent or permit a nominator to withdraw a nomination once submitted.

Sierra Leone — Court of Appeal · 1921

Principle established: A public officer does not ratify an unlawful subordinate arrest merely by briefly detaining the person to prepare a summons and arranging lawful conveyance.

Lanbuk on the Law of Torts · 1978

Principle established: Lord Wilberforce's two-stage test: (1) sufficient proximity/foreseeability; (2) any policy reasons to negate or limit the duty.

United Kingdom · 1947

Principle established: A court may quash a public authority's decision if it is so unreasonable that no reasonable authority could have ever come to it.

Sierra Leone — African Law Reports · 1964-66

Principle established: Notice terminating the appointment of a judicial officer cannot be backdated and takes effect only on or after the date it is actually given.

Sierra Leone — Court of Appeal · 1964

Principle established: Notice of the termination of appointment of a judicial officer cannot be legally ante-dated and takes effect only from the date it is given or thereafter.

Sierra Leone — Court of Appeal · 2021

Principle established: An appellate court may allow the introduction of new evidence if it is relevant, credible, and could not have been reasonably obtained during the original proceedings.

Sierra Leone — Court of Appeal · 2019

Principle established: An election petition must be filed within the strict statutory time limits, and jurisdictional objections regarding the timing of the filing should be determined before proceeding to other applications.

Sierra Leone — Supreme Court · 2018

Principle established: The court considered whether an application for stay of execution of a magistrate's judgment could be entertained when the underlying judgment was not currently on appeal.

Sierra Leone — Supreme Court · 2018

Principle established: The court considered whether an application for stay of execution of a magistrate's judgment could be entertained when the underlying judgment was not currently on appeal.

Sierra Leone — Supreme Court · 1961

Principle established: The President of a Native Administration Court is engaged in the public service and immune from action for acts performed bona fide pursuant to orders of a District Officer.

Zimbabwe · 2023

Principle established: A local authority is entitled to an order of ejectment against an individual who occupies municipal land without a valid legal basis or through fraudulent means.

Sierra Leone — African Law Reports · 1950-56

Principle established: An instrument appointing a Deputy Governor that confers authority in wide terms to exercise all powers vested in the Governor satisfies the constitutional requirement that such powers be specified.

Sierra Leone — Supreme Court · 1963

Principle established: Under section 6(2) of the Fisheries Act, a licensing officer has the statutory power to impose conditions that restrict a licensee's right of navigation.

Sierra Leone — African Law Reports · 1920-36

Principle established: Statutory prohibitions against importing improperly folded woven goods create offenses of absolute liability, though compliance warnings to overseas suppliers may mitigate sentencing.

Sierra Leone — Court of Appeal · 1923

Principle established: Inferior courts created by statute with limited jurisdiction, such as the Circuit Court, possess no inherent or implied jurisdiction to issue writs of habeas corpus.

Sierra Leone — Supreme Court · 2018

Principle established: The court addressed a notice of discontinuance filed by a plaintiff in a constitutional matter concerning the eligibility of a candidate based on citizenship.

Sierra Leone — Supreme Court · 2018

Principle established: The court addressed a notice of discontinuance filed by a plaintiff in a constitutional matter concerning the eligibility of a candidate based on citizenship.

Sierra Leone — Supreme Court · 2018

Principle established: The court addressed a notice of discontinuance filed by a plaintiff in a constitutional matter concerning the eligibility of a candidate based on citizenship.

Sierra Leone — African Law Reports · 1920-36

Principle established: A judge assumes office upon taking judicial oaths without retroactive effect to the start of the day, and a judgment dates from pronouncement, the formal signing being merely ministerial.

Malawi · 2024

Principle established: Courts possess inherent jurisdiction to protect their procedures against abuse and may reject claims that fail to supply necessary facts or legal basis for the alleged violation of rights.

Sierra Leone — Court of Appeal · 2023

Principle established: The establishment of a Commission of Inquiry to investigate the conduct and assets of former high-ranking public officials is a valid exercise of constitutional authority.

Sierra Leone — Court of Appeal · 2018

Principle established: The court considered preliminary objections regarding the procedural regularity of an originating motion challenging the termination of a university lecturer's employment under statutory provisions.

Sierra Leone — African Law Reports · 1920-36

Principle established: Rules made by public authorities under statutory powers must be reasonable, otherwise they are ultra vires and unenforceable.