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Lanbuk on the Law of Contract
Habib v Attorney-General1957 · 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 Williams1929 · (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 R1967 · (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 Macfoy1937 · 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 Reffell1942 · 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 Davies1950 · 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 Boyle1964 · 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 Macaulay1967 · 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 Bishop1950 · (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 Wilson1968 · 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 Elba1967 · 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 Executors1957 · 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 Fofanah1967 · 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-Cole1968 · 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 another2004 · 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 R1960s · 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 R1967-68 · 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 State1973 · 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 Reginam1960s · 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 State1973 · 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 State1960s · 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 Manleypre-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 Kamara1960s-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 R1960s · 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 State1970-71 · 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 Reginam1960s · 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 State1977 · 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 State1971 · 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 Loshak1960s · 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 R1960s · 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 Reginam1970-71 · 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-Jones1967-68 · 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-General1958-59 · 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 Reginam1964-66 · 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 Reginam1960s · 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 Reginam1968-69 · ALR (S.L.) 342 (1968-69), Court of Appeal of Sierra Leone
Directions should deal with the defences the evidence actually raises.
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- Sierra Leone — Court of Appeal · 2008Cornelius A. Harding v Mustapha A.B. Tarraf & Another (MISC APP 7 of 2007) [2008] SLCA 66 (11 July 2008)Posted
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- Sierra Leone — Supreme Court · 2008Allie B. Koroma v Amadu Kamara (CIV APP 16 of 2005) [2008] SLSC 5 (20 June 2008)Posted
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- Sierra Leone — Court of Appeal · 2008Bockarie v S (CR APP 7 of 2000) [2008] SLCA 51 (17 June 2008)Posted
- Sierra Leone — Supreme Court · 2008Aiah Momoh v Sahr S. Nyandemor (SC CIV APP 6 of 2006) [2008] SLSC 4 (9 June 2008)Posted
- Sierra Leone — Supreme Court · 2008Aiah Momoh v Sahr S.Nyandemoh (SC CIV APP 6 of 2006) [2008] SLSC 2 (9 June 2008)Posted
- Sierra Leone — Court of Appeal · 2008Sierra Leone Shipping Company Ltd v Hussein Hamoud (CIV APP 43 of 2006) [2008] SLCA 56 (3 June 2008)Posted
- Sierra Leone — Court of Appeal · 2008Hassan Mahoi v S (CR APP 31 of 2005) [2008] SLCA 57 (22 May 2008)Posted
- Sierra Leone — Court of Appeal · 2008Soluku J. Bockarie v S (CR APP 7 of 2000) [2008] SLCA 67 (17 April 2008)Posted
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- Sierra Leone — Court of Appeal · 2008Soluku J. Bockarie v S (CR APP 7 of 2000) [2008] SLCA 55 (10 April 2008)Posted
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