Aminata Conteh v All Peoples Congress Party, SC Civ App 4/2004 (SLSC, 27 October 2005)

Judgment of the Supreme Court of Sierra Leone delivered on 27 October 2005 in SC Civ App 4/2004. The court sat as Renner-Thomas CJ, Warne JSC, Wright JSC, Tolla-Thompson JSC and Stronge JA. Wright JSC gave the leading judgment, and the other members of the court agreed.

The All Peoples Congress Party sued its tenant, Aminata Conteh, for possession of premises at 27 Pultney Street, Freetown. It issued the writ on 7 August 2002, during the long vacation. She entered an appearance but filed no defence. The High Court gave the party leave to enter summary judgment under Order 11 of the High Court Rules 1960, and the Court of Appeal dismissed her appeal on the merits.

The Supreme Court held that there were several triable issues. The appellant produced a letter from the party's former chairman extending her tenancy to 31 December 2003, which no affidavit denied. She also denied signing the lease relied on and denied putting up a permanent structure, and the notice to quit appeared to have been served before her term expired. The court further found the respondent's own documents inconsistent.

The court stressed that summary judgment is a stringent remedy: it shuts a defendant out without a trial, so it should be granted only where there is clearly no defence. It also said summary judgment should not be given during the vacation unless both parties consent. The Court of Appeal was wrong to decide the substance of the case instead of asking whether summary judgment was proper.

Held: appeal allowed. The judgments of the Court of Appeal and of the High Court (12 September 2002) were set aside, the case was sent back to the High Court, and the appellant was given unconditional leave to defend. The respondent was ordered to pay the costs of the appeal and of the courts below.