Abdul Karim Seray Wurie v The Attorney General and Charles F Margai, Misc. App 19/2015 (SLCA, Ruling, 28 January 2016)

Ruling of the Court of Appeal of Sierra Leone delivered on 28 January 2016 by Hon. Mr Justice Reginald Sydney Fynn JA, sitting alone, in Misc. App 19/2015. The parties were Abdul Karim Seray Wurie (administrator of the estate of the late Abdul Karim Seray Wurie), plaintiff/respondent; the Attorney General and Minister of Justice, 1st defendant/respondent; and Charles F Margai, 2nd defendant/applicant.

The applicant sought leave to appeal against a High Court ruling of 14 October 2015 by Hon. Mrs Justice Adeliza Showers JA (as she then was), which held that the applicant's application was unsuitable for disposal under Order 17 of the High Court Rules 2007. After the High Court refused leave, the applicant applied directly to the Court of Appeal under Order 10 of the Court of Appeal Rules.

Applying Rule 10(2), the court asked whether the applicant had shown good and sufficient reasons and whether the proposed grounds of appeal showed good cause prima facie. The second ground, alleging error of law and misdirection, failed because it was not particularised as the Court of Appeal Rules require (citing Decker v Decker, Gelaga-King JA, 2002, unreported).

The first ground, challenging the High Court's interpretation of the 'suitability' requirement under Order 17, was found specific and arguable. Because the proposed appeal turns on a question of law and also raises jurisdictional issues, the court considered it prudent to settle the question before a full trial rather than risk wasted proceedings.

Held: leave to appeal granted; the High Court ruling of 14 October 2015 stayed pending the appeal; no order as to costs.