Sierra Leone case law

From the LLB notes

Study notes, with the facts and the principle. They are not the judgment PDF.

1 tort case notes

• Lanbuk on the Law of Contract

  Habib v Attorney-General

  1957 · ALR SL 24 (1957–60)

  The court will not lend its aid to a party who has carried out a contract forbidden by statute.

• Lanbuk on the Law of Land

  King v Williams

  1929 · (1920–36) ALR SL 171

  Wild's Case is received law in Sierra Leone and has been applied to local wills.

• Lanbuk on the Law of Evidence

  Kargbo v R

  1967 · (1967–68) ALR SL 146

  Woolmington applies in Sierra Leone. The judge must direct the jury that the prosecution proves the case beyond reasonable doubt. The accused does not prove his innocence.

• Lanbuk on the Law of the Family

  Williams v Macfoy

  1937 · Unreported, Supreme Court, Freetown, 3 December 1937

  A promise to marry may be oral, but the plaintiff's word alone is not enough. Damages reflect the real loss, not a penalty.

• Lanbuk on the Law of the Family

  Macfoy v Reffell

  1942 · Unreported, Supreme Court, Freetown, 14 August 1942

  A promise to marry given in return for sexual intercourse is illegal. Saying it again, after the child is born, does not make it enforceable.

• Lanbuk on the Law of the Family

  Taylor v Davies

  1950 · 1950-56 ALR SL 124

  An offer to perform, refused before action, answers the claim. Sierra Leone courts have been slow to give substantial general damages for the loss of the marriage itself.

• Lanbuk on the Law of the Family

  Boyle v Boyle

  1964 · 1964-66 ALR SL 464

  Constructive desertion is not any unpleasantness that leads the other spouse to leave. It is conduct that drives the other out.

• Lanbuk on the Law of the Family

  Macaulay v Macaulay

  1967 · 1967-68 ALR SL 14

  Sierra Leone has not invented a local, looser definition. 'Treated with cruelty' means a course of conduct, not an isolated act in the heat of temper.

• Lanbuk on the Law of the Family

  Demby v Bishop

  1950 · (1950) 3 SL Law Recorder 7

  A Christian marriage imports monogamy. The court will not give a remedy that treats a second customary union as a marriage he is entitled to defend.

• Lanbuk on the Law of the Family

  Wilson v Genet and Wilson

  1968 · 1968-69 ALR SL 53

  Section 20 creates a tort. Separation goes to the amount. It does not abolish the claim. The wife has no equivalent action.

• Lanbuk on the Law of the Family

  Elba v Elba

  1967 · 1967-68 ALR SL 74

  A maintenance order under the 1888 Act depends on desertion. A change of address that she accepted is not desertion, and desertion is not found merely to make an order possible.

• Lanbuk on the Law of the Family

  Bright v Bright's Executors

  1957 · 1957-60 ALR SL 182

  Property she acquired before 1933 was still subject to the old law for a disposition between the living. A will made after the Act disposed of it without him.

• Lanbuk on the Law of the Family

  Anoff v Fofanah

  1967 · 1967-68 ALR SL 357

  No parent has an absolute claim. Welfare decides, and a parent's wishes are relevant only through the child's interests.

• Lanbuk on the Law of the Family

  Wellesley-Cole v Wellesley-Cole

  1968 · 1967-68 ALR SL 210

  Because the Act requires the court to be satisfied, a cruelty case is not decided as an ordinary civil claim. The standard the Court of Appeal stated sits between the two.

• Lanbuk on Constitutional Law

  Sierra Leone Bar Association v Attorney-General and Minister of Justice and another

  2004 · SC 2/2002; [2004] SLSC 1 (judgment 30 January 2004)

  The court will not imply a limit that the Constitution does not state. The Constitution requires parliamentary approval expressly where it intends it, and the office of Attorney-General has its own separate provision.

• Lanbuk on the Law of Crimes in Sierra Leone

  Bangura v R

  1960s · ALR (S.L.) 439 (1964-66), Court of Appeal of Sierra Leone

  Negligent treatment does not break the chain unless the original wound is merely the setting in which another cause operates.

• Lanbuk on the Law of Crimes in Sierra Leone

  Walker v R

  1967-68 · Court of Appeal of Sierra Leone (reported in ALR (S.L.) 1967-68)

  Words of encouragement given at the scene, with knowledge of the killer's intent, make the speaker a principal in the second degree.

• Lanbuk on the Law of Crimes in Sierra Leone

  John and Four Others v The State

  1973 · ALR (S.L.) 441 (1972-73), Court of Appeal of Sierra Leone

  Solicitation plus presence makes a principal; robbery is aggravated where offenders are armed or act together.

• Lanbuk on the Law of Crimes in Sierra Leone

  Kargbo v R (accessory before the fact)

  1960s · Court of Appeal of Sierra Leone

  The burden stays on the prosecution; an accessory before the fact must have counselled or procured and been absent.

• Lanbuk on the Law of Crimes in Sierra Leone

  Seisay and Siaffa v Reginam

  1960s · Court of Appeal of Sierra Leone

  Malice aforethought requires intent to kill or cause GBH, or knowledge that death or GBH is probable.

• Lanbuk on the Law of Crimes in Sierra Leone

  Kamara v The State

  1973 · Court of Appeal of Sierra Leone

  Intent to do grievous bodily harm may be inferred from the nature of the act and its consequences.

• Lanbuk on the Law of Crimes in Sierra Leone

  Thullay v The State

  1960s · Court of Appeal of Sierra Leone

  One who merely gives information on which a judicial officer acts does not commit false imprisonment.

• Lanbuk on the Law of Crimes in Sierra Leone

  Regina v Manley

  pre-1970 · High Court (then Supreme Court) of Sierra Leone

  The Larceny Act protects possession.

• Lanbuk on the Law of Crimes in Sierra Leone

  Attorney-General v Kamara

  1960s-70s · Court of Appeal of Sierra Leone

  A claim of right must be an honest belief in a legal, not merely moral, right.

• Lanbuk on the Law of Crimes in Sierra Leone

  Garber v R

  1960s · Court of Appeal of Sierra Leone

  Charges must specify the correct offence under section 17.

• Lanbuk on the Law of Crimes in Sierra Leone

  Marsh and Others v The State

  1970-71 · ALR (S.L.) 273 (1970-71), Court of Appeal of Sierra Leone

  Receiving requires guilty knowledge, not mere possession.

• Lanbuk on the Law of Crimes in Sierra Leone

  Nottidge v Reginam

  1960s · Court of Appeal of Sierra Leone

  False accounting needs (a) a false entry and (b) intent to defraud.

• Lanbuk on the Law of Crimes in Sierra Leone

  Daisy A. Venn v The State

  1977 · Supreme Court of Sierra Leone, judgment of 14 December 1977 (unreported)

  Property and employment may be laid in the State.

• Lanbuk on the Law of Crimes in Sierra Leone

  Dumbar v The State

  1971 · Court of Appeal of Sierra Leone

  Whether conduct is insulting and likely to provoke is judged in its context, including the audience.

• Lanbuk on the Law of Crimes in Sierra Leone

  Regina v Loshak

  1960s · High Court (then Supreme Court) of Sierra Leone, Marcus-Jones J

  Seditious intention is inferred from the document and its context.

• Lanbuk on the Law of Crimes in Sierra Leone

  Conteh v R

  1960s · Court of Appeal of Sierra Leone, Bankole Jones P

  Seditious libel requires words that actually tend to bring the Government or its head into hatred or contempt.

• Lanbuk on the Law of Crimes in Sierra Leone

  Lansana and Eleven Others v Reginam

  1970-71 · ALR (S.L.) 186 (1970-71), Court of Appeal of Sierra Leone

  Consent is a condition precedent to prosecution; separate statutory offences must not be joined in one count.

• Lanbuk on the Law of Crimes in Sierra Leone

  Bob-Jones v Reginam; Regina v Bob-Jones

  1967-68 · ALR (S.L.) 267 (1967-68), Court of Appeal of Sierra Leone

  Subornation needs proof of the perjury; incitement needs corroboration of the incitee.

• Lanbuk on the Law of Crimes in Sierra Leone

  Regina v Shekpendeh, ex parte Attorney-General

  1958-59 · High Court (then Supreme Court) of Sierra Leone

  Criminal contempt does not require mens rea.

• Lanbuk on the Law of Crimes in Sierra Leone

  Cope v Reginam

  1964-66 · ALR (S.L.) 474 (1964-66), Court of Appeal of Sierra Leone

  An attempt needs an act immediately connected with the offence and having no other reasonable purpose (R v Robinson).

• Lanbuk on the Law of Crimes in Sierra Leone

  Mohamed Musa v Reginam

  1960s · Court of Appeal of Sierra Leone, Ames Ag P

  Incitement requires a communication that reaches the person incited.

• Lanbuk on the Law of Crimes in Sierra Leone

  Kargbo v Reginam (self-defence)

  1968-69 · ALR (S.L.) 354 (1968-69), Court of Appeal of Sierra Leone

  There is no duty to retreat, though the chance to retreat is relevant to reasonableness.

• Lanbuk on the Law of Crimes in Sierra Leone

  Feika v Reginam

  1968-69 · ALR (S.L.) 342 (1968-69), Court of Appeal of Sierra Leone

  Directions should deal with the defences the evidence actually raises.