Theophilus Pratt v Dr. Turad Senessie (SC. MISC.APP No. 7/2024) [2025] SLSC 2 (6 February 2025)

SC. MISC. APP. No. 7/2024 IN THE SUPREME OF SIERRA LEONE

IN THE MATTER OF SECTION 21 OF THE 1991 CONSTITUTION OF THE REPUBLIC OF SIERRA LEONE AC No.6 OF 199.

IN THE MATTER OF SECTION 28 OF THE 1991 CONSTITUTION OF THE REPUBLIC OF SIERRA LEONE ACT No.6 OF 1991.

IN THE MATTER OF SECTION 124(1) OF THE 1991 CONSTITUTION OF THE REPUBLIC OF . SIERRA LEONE ACT No.6 OF 1991.

IN THE MATTER OF SECTION 127 OF THE 1991 CONSTITUTION OF THE REPUBLIC OF SIERRA LEONE ACT No.6 OF 1991.

IN THE MATTER OF PARTS XVI RULES 89-98 OF THE SUPREME COURT RULES OF 1982

AND

IN THE MATTER OF ORDER 43 OF THE HIGH COURT RULES 2007

BETWEEN:

‘THEOPHILUS PRATT +* Plaintift

No. s Windermere Court

Lonsdale Road, Barnes, London UK

HAWANATU PRATT 2" Plaintiff

No. 31 Hounslow Road, Feltham, London. UK

(SUING BY THEIR ATTORNEY DORA CONTEH

6 Cemetery Road, Hamilton)

AND

Dr. TURAD SENESSIE 1" Defendant

The Minister of Lands, Housing & Country Planning

3" Floor, Youyi Building

Brookfields, Freetown

‘THE DIRECTOR OF SURVEYS 2” Defendant

3° Floor, Youyi Building

Brookfields, Freetown

ABDUL-RAHMAN SESAY 3 Defendant

The Minister of Lands, Housing & Country Planning, .

3'° Floor, Youyi Building

Brookfields, Freetown

THE ATTORNEY GENERAL & MINISTER OF JUSTICE 4 Defendant 3*° Floor, Guma Building

Lamina Sankoh Street, Freetown

‘Mr ADONIS BULL 5" Defendant Freetown

‘SENTO KAMARA 6 Defendant Freetown

Coram

Hon. Justice Glenna Thompson JSC ~ Presiding

Hon. Justice A. B. Halloway JSC

Hon. Justice Alusine Sesay JSC

Hon. Justice A. M. Bangura JSC

Hon. Justice R. S. Fyn JA

Counsel

F. Mansaray for the Plaintiffs.

No appearance for the Defendants

eivered til Say of Meaoas,

G. Thompson JSC

Introduction

1. The Plaintiffs, private citizens of Sierra Leone, purchased two pieces of land at Peninsula Road, Mamah Beach, in the Western Area of Sierra Leone from Edward B. Bengah. Their ownership is evidenced by Statutory Declarations establishing possessory ttle, with the 1st Plaintif's title registered as No. 9/2018 in Volume 60 at page 107 and the 2nd Plaintif?’s title registered as No. 8/2018 in Volume 60 at page 106 in the Book of Statutory Declarations maintained by the Registrar General's Office. Each conveyance is accompanied by a survey plan signed by the Director of Surveys and Lands, dated 13th December 2017. The Plaintiffs assert that their right and title to the land derive from Edward B. Bengah, who had been in undisturbed possession of the land for over 20 years.

2. Sometime after purchasing the land, the 1st Plaintiff erected a perimeter fence to demarcate his property, while the 2nd Plaintiff constructed a structure on hers. However, on the 27! July, 2022, the 1st and 2nd Defendants allegedly entered the

Plaintiffs’ properties with armed men dressed in military fatigues, destroyed the ‘st Plaintif’s fence, occupied both the Plaintiffs’ land, claiming it was State land. Subsequently, the sth and 6th Defendants took possession of the properties, asserting that the land had been allocated to them by the State.

3. It is against this background that the Plaintiffs have applied to this court by an Originating Notice of Motion dated 12" September 2024 for the following questions to be answered:

‘a. Whether all that piece or parcel of land and hereditaments situate lying and being at Peninsula Road, Mamah Beach in the Western Area Rural of the Republic of Sierra Leone more particularly described and delineated on the survey plan marked LS4152/17 being claimed by the 3% 5", and 6” Defendants is a State Land in accordance with the definitions of section 2 of the State Lands Act No 19 of 1960 andjor section 1 of the National Land Commission Act Notg of 2022 or any other legislation in Sierra Leone?

b. Whether the entering upon the Plaintiffs’ land by the 3" Defendant with two armed military personnel and other unknown individuals, on the instructions andlor approval of the 1 and 2 Defendants and destroying the fences of the Plaintifs, chasing the workers of the Plaintiffs out of the Plaintiffs’ land and claiming that the said land is STATE LAND isin accordance with the process of compulsory acquisition of property by Government as provided under section 21 of the Constitution of Sierra Leone 1991 Act No. 6 of 1991 with related laws?

Whether the purported acquisition and the taking possession of all that piece or parcel of land and hereditaments situate lying and being at . Peninsula Road Mamah Beach in the Western Area Rural of the Republic of Sierra Leone is in compliance with section 21 of the Constitution of Sierra Leone 1991 Act No. 6 of 1991 and/or in compliance with the Public Lands Act Cap 116 of the laws of Sierra Leone (as amended)?

d. Whether the 1, 2" and 3" Defendants can transfer title to the 5! and 6" Defendants the land of the Plaintifs, if same is a private land?

e. Whether the actions of the 1, 2% and 3" Defendants amount to depriving the Plaintiffs of the use and enjoyment of their land.

4. On the basis ofthe answers to the questions asked, the Plaintiffs have asked for various declarations which | will summarise as follows:

a. A declaration that the rights of the Plaintiffs under section 21 of the Constitution of sierra Leone 1951, have been violated by the defendants by | the unlawful seizure of their lands, the “violent, wrongful and unlawful | deprivation of property”

b. That the “acts of violence, use of force perpetuated by the 3 defendants oon the instructions of the and 2% defendants with the aid and assistance of armed personnels. news n€mounts to a breach of the peace in terms of the Public Order Act, 1965 as amended.

&Adeclaration of title foreach ofthe pieces of land claimed by both Plaintiffs

4, A declaration that the said land being private land cannot be disposed off andjor transferred by the +" defendant on the basis that same fs State land to the 6” and 7" Defendants.

fe. Acancellation of any transfer of the sai land, on the basis that same is State Land by the # defendant to the 6" and 7" and that any deed executed by the »* defendant for the 6" and 7" defendants be cancelled and expunged from the records of the Office of the Administrator and Registrar General.

f. Damages to be paid by the 1%, 2% and 3 defendants to both plaintiffs for the trespass and contravention oftheir rights under section 21 supra.

5, In support of this application, the Plaintiffs relied on the affidavit of Dora Conteh who is the attorney for both Plaintiffs, sworn to on the 12 September 2024. [Attached to the affidavit are 6 exhibits:

a. DOC 1~ A copy of the Power of Attorney appointing Dora Conteh as their attorney

b. D0C2-A copy ofthe statutory Declaration registered as No.8/2018 Volume 60 at page 106 from which the 2 Plaintiff derived her possessory title

c DOC 3 - A copy of the statutory Declaration registered as No.9/2018 in Volume 60 at page 107

4. DOC 4A copy of the Survey Plan

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